OPM Removes References to Unlawful Employee Selection Guidelines from Federal Regulations

The Office of Personnel Management (OPM) has issued an interim final rule to remove references to the Uniform Guidelines on Employee Selection Procedures (UGESP) from Federal civil service regulations. This amendment aligns OPM's regulations with a June 9, 2026, opinion from the Department of Justice, Office of Legal Counsel, which found the UGESP to be unlawful. The rule is effective July 31, 2026, with a comment period extending until September 29, 2026.

Context

The Uniform Guidelines on Employee Selection Procedures were established to provide a framework for fair hiring practices. However, a recent opinion from the Department of Justice deemed these guidelines unlawful, prompting the Office of Personnel Management to amend its regulations. This decision aligns federal hiring practices with current legal standards and reflects ongoing efforts to ensure fairness in employment.

Why it matters

The removal of the Uniform Guidelines on Employee Selection Procedures from federal regulations is significant as it reflects a shift in legal interpretation regarding employee selection practices. This change may impact how federal agencies approach hiring and recruitment processes. It also signals a move towards more compliant and updated regulatory frameworks within the federal civil service.

Implications

The removal of the UGESP may lead to more flexible hiring practices within federal agencies, potentially affecting job seekers and current employees. Agencies may need to develop new guidelines to ensure compliance with legal standards. This change could also influence how other sectors approach employee selection, as federal practices often serve as a benchmark for private and state entities.

What to watch

As the interim final rule takes effect on July 31, 2026, stakeholders should monitor how federal agencies adapt their hiring practices in response to this change. The comment period, which extends until September 29, 2026, may provide insights into public and organizational reactions. Observers should also look for any potential legal challenges or further regulatory adjustments that could arise during this transition.