On June 29, 2026, the Equal Employment Opportunity Commission (EEOC) voted to rescind two guidance documents that, for more than four decades, gave private employers a framework for adopting voluntary affirmative action plans under Title VII of the Civil Rights Act (Title VII): the agency’s 1979 interpretive guidelines on affirmative action and the related Section 607 of its Compliance Manual.
Key Highlights – The EEOC concluded that the decades-old guidance conflicted with the text of Title VII and with Supreme Court precedent holding that the statute protects every individual equally, rather than particular groups.
Employer Takeaway – This rescission fits into the current administration’s broader push to eliminate diversity, equity and inclusion (DEI) programs and practices it considers unlawful. Employers may consider reviewing existing DEI practices to ensure they do not discriminate on the basis of a federally protected trait. Employers may wish to review existing hiring and interview selection practices, employee resource and affinity group or training program membership guidelines, and workplace trainings to confirm they do not discriminate against any protected class.