The impending death of the Uniform Guidelines on Employee Selection Procedures

The Uniform Guidelines on Employee Selection Procedures (UGESP) purported to require employers of 15 or more employees to track the impact of tests and other selection procedures used in employment decision-making by race and sex. The UGESP surprisingly wasn’t targeted in the Trump administration’s bevy of Executive Orders (EOs) and agency directives against affirmative action and disparate impact launched in the first half of 2025. That reprieve, it appears, has come to an end.

On the chopping block

Along with proposing to eliminate EEO-1, EEO-2, EEO-3, EEO-4, and EEO-5 reporting requirements, the Equal Employment Opportunity Commission (EEOC) has announced the rescission of the UGESP and its associated recordkeeping requirements. The rescission of the guidelines themselves has been designated a final rule, with a targeted final implementation date of January 2027. The rescission of the recordkeeping obligation has been designated a proposed rule, though without a designated comment period. 

The Office of Personnel Management (OPM) has posted an interim final rule to the same effect concerning the selection of federal employees. The comment period for that was open until September 29, 2026.

What does this mean for employers?