The Office of Personnel Management has issued an interim final rule removing references to the Uniform Guidelines on Employee Selection Procedures (UGESP) from federal personnel regulations. The rule took effect July 31.
The UGESP has long served as the federal government’s principal guidance on validating selection procedures for federal employees. It was adopted in 1978 by the EEOC, DOL, DOJ, and the Civil Service Commission.
OPM’s rescission follows a June 2026 DOJ legal opinion concluding that UGESP’s disparate impact and validation framework is inconsistent with Title VII. However, OPM emphasized that federal agencies still must use job-related, professionally developed selection procedures and comply with EEO laws.
The practical impact on private-sector employers is limited, at least for now, because the EEOC’s codification of UGESP remains valid. However, the EEOC’s Regulatory Agenda indicates that EEOC intends to revisit the Guidelines in the near future. Private-sector employers do not need to change their review or validation of their selection procedures at this point, but they should prepare for the eventual rescission of UGESP.
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