Trump admin's push to scrap DEI in federal government takes landmark step with new hiring rule
OPM's new rule removes 1978 hiring guidelines tied to disparate impact, marking a deeper push to dismantle the legal framework behind federal DEI policies.
FIRST ON FOX: The Trump administration on Wednesday took another step in its sweeping campaign to eliminate DEI policies from the federal government, removing decades-old hiring guidelines that officials say encouraged race-conscious employment decisions in favor of a renewed emphasis on merit-based hiring.
The U.S. Office of Personnel Management (OPM) issued a final interim rule on Thursday that removes references to the 1978 Uniform Guidelines on Employee Selection Procedures, which govern employee selection standards, citing a recent Justice Department legal opinion that found the guidelines unconstitutional in the way they encouraged race-conscious decision-making.
The move affects how federal agencies approach hiring by eliminating references to longstanding guidance centered on "disparate impact," the idea that hiring practices that could produce unequal outcomes among racial groups can be legally problematic even absent intentional discrimination.
Administration officials argue those guidelines pressured employers to focus on racial outcomes rather than qualifications, while supporters of the guidelines contend they help guard against subtle forms of discrimination.
"Federal hiring should be based on merit, qualifications, and the ability to perform the job," OPM Director Scott Kupor said in a statement to Fox News Digital.
"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."
The rule took effect immediately after it was published in the Federal Register on Thursday but will remain open for public comment for 60 days before OPM decides whether to make it permanent.
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OPM serves as the federal government's human resources agency, setting hiring, personnel and workforce policies for roughly 2 million civilian federal employees across executive branch agencies. It oversees the rules governing how federal agencies recruit, hire, promote and manage their workforces.
This move serves as the latest example of the administration moving beyond simply shutting down DEI offices or ending diversity training and now targeting the legal and regulatory framework that critics argue enabled DEI policies in the first place.
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Since the beginning of President Donald Trump's second term, the administration has highlighted hundreds of colleges that have rolled back DEI initiatives, along with policy changes involving transgender athletic participation, parental rights, race-conscious programs and merit-based admissions.
They also dismantled federal DEI programs, terminated DEI-related grants and contracts, cut ties with companies embracing DEI policies, required federal contractors to comply with the administration's requirements, and warned schools they could lose federal funding over certain DEI practices.