EEOC Rescinds 2 Title VII Affirmative Action Guides After 40 Years
Updated
Updated · The National Law Review · Jul 1
EEOC Rescinds 2 Title VII Affirmative Action Guides After 40 Years
3 articles · Updated · The National Law Review · Jul 1
Summary
June 30's EEOC vote withdrew a 1979 interpretive guide and a related compliance-manual section that had long outlined how employers could run voluntary affirmative action programs under Title VII.
Andrea Lucas said the agency concluded the guidance no longer matches Title VII's text or current Supreme Court precedent, signaling a stricter view that employment decisions should not turn on race or sex unless law specifically allows it.
The move does not rewrite Title VII or ban all diversity efforts, but it puts hiring, promotion, internship, compensation and leadership programs that use protected characteristics at greater legal risk.
Broader recruiting, barrier removal, open-to-all mentorship and inclusive training generally remain permissible, while employers are being urged to review DEI policies, document objective business reasons and prepare for more investigations and litigation.
The rescission extends a wider federal shift after rulings including the 2023 Harvard admissions case and Ames, which reinforced that anti-discrimination law protects individuals rather than demographic groups.
With affirmative action guidance gone, how can businesses legally build a diverse workforce?
Could the special legal status for Native American hiring preferences be the next to fall?
June 30, 2026: EEOC Withdraws Affirmative Action Guidance—Implications for DEI, Litigation, and Workplace Equity
Overview
On June 30, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) rescinded two long-standing guidance documents that had provided a crucial framework and 'safe harbor' for employers implementing voluntary affirmative action programs under Title VII. This action, taken because the guidance was seen as inconsistent with Title VII and Supreme Court precedent, immediately removed established legal protections for employers. As a result, organizations now face heightened risk, with expectations of increased investigations and litigation challenging their Diversity, Equity, and Inclusion initiatives. Employers must adapt quickly to this new legal landscape to manage these emerging risks.