EEOC Rescinds Decades-Old Affirmative Action Guidance

The U.S. Equal Employment Opportunity Commission (EEOC) has voted to rescind nearly 40 years of guidance explaining when voluntary affirmative action plans may be appropriate under Title VII. The action marks another significant step in the federal government’s broader reassessment of race- and sex-conscious employment policies.

The June 30 vote eliminates two longstanding agency documents: the EEOC’s 1979 interpretive guidelines on affirmative action under Title VII and the related section of its compliance manual. According to the agency, the guidance no longer reflects current law and conflicts with Supreme Court precedent emphasizing that Title VII protects individuals regardless of race or sex.

Although the move is significant, employers should understand what has — and has not — changed.

مجموعة أدوات: مجموعة أدوات BEAM SHRMللتنوع والاندماج

Most importantly, the EEOC’s action does not amend Title VII itself. Nor does it overturn Supreme Court decisions recognizing that voluntary affirmative action plans may, in limited circumstances, comply with federal law. Cases such as United Steelworkers v. Weber (1979) and Johnson v. Transportation Agency (1987) remain binding precedent unless the Supreme Court revisits them. The rescission instead removes the EEOC’s longstanding interpretation of how employers could structure and defend voluntary affirmative action programs under the statute.

For decades, the 1979 guidance served as a roadmap for employers seeking to address workforce imbalances or remedy the effects of past discrimination through carefully tailored affirmative action measures. It explained when the EEOC considered such plans appropriate and described circumstances in which employers acting in good-faith reliance on the guidance could assert a defense under Title VII. With the guidance now withdrawn, employers lose that administrative framework, even though the underlying statutory and judicial landscape remain in place.

The rescission also fits within a broader shift in federal employment policy. Since 2025, the Trump administration has moved to roll back several diversity, equity, and inclusion (DEI) initiatives and has directed agencies to reevaluate policies that authorize employment decisions based on protected characteristics. Earlier this year, the EEOC also rescinded its 2024 workplace harassment guidance, reflecting a broader effort by the current commission to revisit agency interpretations adopted under prior administrations.

In announcing the decision, EEOC Chair Andrea Lucas stated that the withdrawn guidance was inconsistent with both the text of Title VII and decades of subsequent Supreme Court decisions. The commission concluded that the guidance’s endorsement of race- and sex-conscious employment decisions could not be reconciled with the statute’s requirement that every individual receive equal protection under the law.

Checklist: I&D Program Compliance Checklist

For employers, the practical takeaway is not that all voluntary affirmative action plans have suddenly become unlawful. Rather, the regulatory environment has become less predictable. Organizations that maintain affirmative action or inclusion and diversity (I&D) employment initiatives should review those programs carefully to ensure they are supported by current law rather than rescinded agency guidance. As enforcement priorities continue to evolve, employers should expect increased scrutiny of employment practices that consider race, sex, or other protected characteristics, even where older EEOC guidance once suggested such measures were permissible.