EEOC Rescinds Longstanding Affirmative Action Guidance

What Changed. On June 30, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind two agency policy documents that had been in place for roughly 40 years: the Guidelines on Affirmative Action Appropriate Under Title VII (29 C.F.R. Part 1608) and Compliance Manual Section 607 – Affirmative Action. Together, these documents provided the EEOC’s framework for when and how employers could adopt voluntary affirmative action plans under Title VII of the Civil Rights Act. They are no longer in effect.

Why It Matters. The rescinded guidance served as the EEOC’s roadmap and, practically speaking, a safe harbor for employers that maintained affirmative action plans. Without the guidance, employers can no longer point to the EEOC’s own framework to demonstrate that a voluntary plan was “reasonable” in the agency’s eyes. Importantly, the rescission does not change Title VII itself, nor does it overrule Supreme Court decisions that recognized limited circumstances in which voluntary affirmative action plans may be lawful. But it does signal that the current EEOC will not treat those old guidelines as a basis for shielding any employment practice from scrutiny. The Commission’s 2026 enforcement priorities make this concrete: the EEOC has indicated it will focus on policies labeled or framed as diversity, equity, and inclusion (“DEI”) initiatives.

What Employers Should Do. Employers that maintain any form of affirmative action plan or diversity-focused program should treat this rescission as a prompt to review those programs now. The key question is whether each program has a solid legal basis, is appropriately limited in scope and duration, and is well-documented. Employers should also confirm their programs are consistent with current law, including the statutory text of Title VII and the Supreme Court’s existing precedent, rather than relying on agency guidance that no longer exists.

Public Sector Programs. The EEOC’s rescission removes federal guidance; it does not automatically repeal or alter any state or local affirmative action statutes, municipal ordinances, public contracting rules, civil service requirements, or court-ordered remedial programs. Those obligations remain independently enforceable where they exist. But public employers and government contractors subject to state or local affirmative action mandates should evaluate how those requirements interact with Title VII and the EEOC’s current enforcement stance, particularly where a program requires or encourages consideration of race, sex, or other protected characteristics in employment decisions.

Summary. Affirmative action is not categorically unlawful after today’s vote: underlying statutes and Supreme Court precedent remain intact. But the safety net of EEOC guidance is gone, and the agency’s enforcement posture has shifted meaningfully. Employers should not wait to audit existing programs, ensure they are legally supportable on their own terms, and consult counsel on any program that involves protected-characteristic-conscious decision-making. We will continue to monitor developments and are available to assist with program reviews.