EEOC aims to kill rule on voluntary affirmative action plans

History of the rule

The 1979 interpretative rule outlines circumstances under which private employers may adopt voluntary affirmative action plans outside of requirements imposed by settlement agreements, state laws, or federal contractor obligations. Under the rule, employers are encouraged to conduct a self-analysis to determine whether their current or past employment practices have had an adverse impact on protected groups.

Under the rule, self-analysis could provide justification for affirmative action measures to be taken. The rule states that employers may take actions that are “reasonable" in relation to their findings, including establishing goals and timetables intended to end discrimination in hiring.

Part of broader changes

The EEOC’s proposal aligns with other previous and pending changes affecting affirmative action and workforce reporting requirements. For example, federal contractor obligations to maintain affirmative action plans under regulations administered by the Department of Labor's Office of Federal Contract Compliance Programs were eliminated in 2025 after President Trump rescinded the executive order that established them.

The EEOC is also pursuing the rescission of EEO-1 data collection and reporting rules which require companies and public employers to report workforce demographic information, including data on race, sex, and national origin.

What’s next

The proposed rescission of the voluntary affirmative action plan rules must undergo a formal notice-and-comment period. Interested stakeholders can submit a public comment, and the EEOC must review them before a final rule is published.

In the meantime, employers may want to assess whether any existing policies or programs could be affected by changes in the federal government’s approach to affirmative action.

Key to remember: The EEOC has proposed eliminating rules that guide employers that voluntarily maintain affirmative action plans.