EEOC Rescinds Affirmative Action Guidance for Employers

On June 29, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind longstanding guidance addressing voluntary affirmative action plans under Title VII of the Civil Rights Act of 1964. Specifically, the EEOC voted to rescind the interpretive guidelines titled “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964” and the corresponding compliance manual. The rescission does not alter Title VII’s longstanding protections against employment discrimination based on race, sex, national origin, religion, or other protected categories.

The final rule implementing those rescissions was published on July 6, 2026, and became effective immediately.

Rescission of EEOC Affirmative Action Guidance

The EEOC originally adopted the affirmative action guidelines in 1979 to help employers and other Title VII-covered entities develop and defend voluntary affirmative action plans.

The EEOC determined that the guidance was inconsistent with its interpretation of Title VII and no longer aligned with subsequent Supreme Court decisions addressing employment discrimination and affirmative action.

EEOC Chair Andrea Lucas stated that the change reinforces the agency’s position that Title VII protections apply equally to all employees, regardless of race, sex, national origin, or other protected category.

Impact on Voluntary Affirmative Action Plans

The EEOC’s action does not amend Title VII or automatically invalidate all voluntary affirmative action plans. However, it represents a significant shift in the agency’s enforcement position and removes the framework employers previously relied on when developing and evaluating voluntary affirmative action plans.

The recission also means employers can no longer rely on the rescinded guidelines as a defense under Title VII for actions taken after the effective date of change.

Several issues remain unresolved, including how the EEOC’s revised position may affect existing legal standards and Supreme Court decisions addressing limited voluntary affirmative action programs under Title VII.

Compliance Considerations for Employers

Employers with voluntary affirmative action plans or related employment practices should review their programs in light of the EEOC’s updated enforcement position and applicable federal, state, and local requirements.

Employers should evaluate whether existing policies and practices remain consistent with current legal standards, including the structure and purpose of affirmative action initiatives and related recruitment, hiring, advancement, and workforce representation practices.

The rescission also reflects the broader changes in the EEOC’s enforcement priorities and interpretation of Title VII, following closely on the heels of other major enforcement decisions, such as not focusing on DEI policies, removing data reporting obligations, and rolling back use of disparate impact liability in its enforcement model. The EEOC has also issued a new National Enforcement Plan for 2025 through 2029, so employers should expect additional changes in the enforcement model.