The Trump administration has taken a significant step in its campaign to eliminate diversity, equity, and inclusion (DEI) policies within the federal government by issuing a new hiring rule. The U.S. Office of Personnel Management (OPM) has removed guidelines that officials state encouraged race-conscious employment decisions, replacing them with an emphasis on merit-based hiring.
The final interim rule, issued by OPM, removes references to the 1978 Uniform Guidelines on Employee Selection Procedures. The administration cites a recent Justice Department legal opinion that found these guidelines unconstitutional due to their encouragement of race-conscious decision-making. These guidelines governed employee selection standards and focused on the concept of "disparate impact," which flagged hiring practices that could result in unequal outcomes among racial groups, even without intentional discrimination.
Administration officials argue that these previous guidelines pressured employers to focus on racial outcomes rather than an individual's qualifications. Conversely, supporters of the older guidelines have contended that they served as a safeguard against subtle forms of discrimination.
"Federal hiring should be based on merit, qualifications, and the ability to perform the job," OPM Director Scott Kupor stated. "This rule ensures OPM's regulations reflect legal guidance while preserving the rigorous, job-related standards that help agencies recruit and hire the most qualified workforce in service to the American people."
OPM, serving as the federal government's human resources agency, oversees hiring, personnel, and workforce policies for approximately 2 million civilian federal employees across executive branch agencies. The new rule directly impacts how federal agencies recruit, hire, promote, and manage their workforces.
This regulatory change signifies a move beyond simply dismantling DEI offices or ending diversity training. It targets what critics have described as the legal and regulatory framework that enabled DEI policies. Since the beginning of President Donald Trump's second term, the administration has pursued a broader agenda of policy changes related to DEI, transgender athletic participation, parental rights, and merit-based admissions, alongside other initiatives.
The rule took effect immediately upon its publication in the Federal Register but will be open for public comment for 60 days before OPM determines whether to make it permanent. This action is part of a larger effort by the administration that has included dismantling federal DEI programs, terminating DEI-related grants and contracts, and warning educational institutions about potential loss of federal funding over certain DEI practices.