EEOC rescinds guidance on voluntary affirmative action plans

July 1, 2026

On June 30, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it had voted to rescind two documents relating to permissible affirmative action under Title VII of the U.S. Civil Rights Act.

The two documents that were rescinded include the agency’s:

1979 regulatory guidelines on “appropriate” affirmative action under the statute; and
Section 607 of its Compliance Manual, which addressed those guidelines and the agency’s enforcement positions with respect to permissible affirmative action and affirmative action plans.

Rescission of the EEOC’s guidance doesn’t, however, reverse the Supreme Court’s decisions in United Steelworkers v. Weber, 443 U.S. 193 (1979) and Johnson v. Transportation Agency, 480 U.S. 616 (1987), in which the Court recognized that Title VII may allow for certain voluntary affirmative action plans in limited circumstances.

Part of broader changes

The EEOC’s proposal is in line 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by the Department of Labor's Office of Federal Contract Compliance Programs were eliminated in 2025 after the president rescinded the executive order that established them.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 should employers do now?

In lieu of the EEOC’s actions, 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 guidance for employers that voluntarily maintain affirmative action plans.

Publish Date

July 1, 2026

Author

Judy Kneiszel

Type

Industry News

Industries

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