• The rule would withdraw what the EEOC describes as the UGESP’s “interpretive” portions, which likely include its guidance on identifying adverse impact and validating employment tests and other selection procedures. The UGESP’s recordkeeping requirements are subject to a separate, earlier-stage proposal.
• The final rule’s text is not yet public, and current legal obligations generally remain in place until a final rule is published in the Federal Register and takes effect.
• Disparate impact liability arises under Title VII of the Civil Rights Act of 1964 itself, so rescinding the guidelines would not, on its own, eliminate potential legal claims or exposure.

What It Is

The UGESP has been the federal government’s principal guidance on validating selection procedures since the EEOC, the U.S. Department of Labor (DOL), the U.S. Department of Justice (DOJ), and the Civil Service Commission adopted it in 1978. The final rule (RIN 3046-AB43) would remove the interpretive portions of the EEOC’s version. Those portions tell employers how to show that a procedure with adverse impact is nonetheless job-related and consistent with business necessity.

The rule is the latest step in a broader federal rollback of disparate impact enforcement, consistent with the administration’s priorities. In June 2026, the DOJ’s Office of Legal Counsel issued an opinion, which reflects an executive branch legal position rather than a statute or court decision, concluding that the UGESP embraces an...

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