EEOC Rescinds Decades-Old Title VII Affirmative Action Guidance
HR leaders, in-house employment counsel, compliance professionals, and workforce planning executives must immediately reassess all voluntary affirmative action and DEI programs following the EEOC’s elimination of decades-long safe harbor guidance and heightened federal enforcement scrutiny of protected-characteristic-based employment practices.
On June 30, 2026, the EEOC voted to rescind its 1979 Affirmative Action Guidelines and related Compliance Manual Section 607, which for over 40 years provided a formal framework for employers to evaluate the legality of voluntary affirmative action plans under Title VII. The EEOC stated the guidance conflicts with recent Supreme Court precedent holding Title VII provides equal protections for all individuals. While the rescission does not make voluntary affirmative action plans unlawful or alter existing Supreme Court precedent recognizing limited permissible uses of such plans, it removes the safe harbor employers previously relied on to defend these programs. The action aligns with broader federal policy shifts scrutinizing DEI initiatives that consider protected characteristics including race and sex. Employers should review all affirmative action plans, DEI programs, and talent pipelines to ensure alignment with current statutory and case law, and prepare for increased EEOC enforcement of disparate treatment claims.