On June 30, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind two longstanding guidance documents addressing affirmative action under Title VII. The EEOC’s action marks another significant development in the evolving federal approach to diversity, equity and inclusion (DEI) initiatives and employment decisions involving protected characteristics.
This development is particularly significant for human resources leaders, in-house employment counsel, compliance professionals, and executives responsible for workforce planning, recruiting and DEI initiatives. With the EEOC withdrawing guidance that employers have relied on for decades, organizations face increased uncertainty and heightened enforcement risk, making it more important than ever to ensure employment decisions are supported by current law and aligned with evolving federal enforcement priorities.
What’s Changed?
In June the EEOC withdrew:
- The 1979 interpretive guidance for voluntary affirmative action titled “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964 as Amended” (Affirmative Action Guidelines); and
- The related “Compliance Manual Section 607 on Affirmative Action” (Related Compliance Manual).
According to the EEOC, the guidance no longer reflects current law. In announcing the decision, EEOC Chair Andrea Lucas stated that the rescission is consistent with both the text of Title VII and Supreme Court precedent.
Specifically, the Affirmative Action Guidelines – which outlined circumstances in which the EEOC viewed voluntary affirmative action plans as legally permissible and endorsed certain “race, sex, or national origin conscious” employment decisions to “improve employment opportunities for minorities and women” – have been determined by the current EEOC to conflict with a recent Supreme Court decision holding that Title VII provides the “same protections for every ‘individual.’”
In light of the rescission of the Affirmative Action Guidelines and current understandings of Title VII and Supreme Court precedent, the EEOC also voted to rescind the Related Compliance Manual, which provided employers with a roadmap for evaluating the legality of voluntary affirmative action plans.
Why Does This Matter?
For more than 40 years, the EEOC’s Affirmative Action Guidelines and Related Compliance Manual provided a framework for employers seeking to address their workforce through voluntary affirmative action measures. While the rescission by itself does not make voluntary affirmative action plans unlawful under Title VII, employers no longer have a formal EEOC framework through which to evaluate and defend such programs.
The rescission does not amend Title VII itself, nor does it alter earlier Supreme Court decisions recognizing that voluntary affirmative action plans may, in certain circumstances, comply with federal law. In addition, the rescission does not alter affirmative action obligations imposed by federal statute or regulation, including requirements applicable to certain federal contractors regarding the employment of individuals with disabilities and protected veterans.
As a result, the underlying statutory and judicial landscape remains in place, even though the EEOC’s prior interpretive guidance no longer does. However, the rescission reflects a broader trend in evolving federal policy and enforcement priorities.
Since early 2025, the Trump Administration has undertaken a series of policy actions and executive orders focused on reevaluating DEI initiatives and policies that authorize or encourage employment decisions based on protected characteristics. Earlier this year, the EEOC also rescinded portions of its 2024 workplace harassment guidance. The June 30 vote continues that trend and further signals scrutiny of employment practices that expressly consider race, sex or other protected characteristics.
Next Steps
While the EEOC’s rescission does not mean that all affirmative action plans are unlawful, it does create a more uncertain regulatory environment for employers that may maintain such programs. As a result, employers should consider:
- Reviewing any voluntary affirmative action plan to ensure it can be supported by current statutory and case law, rather than the rescinded EEOC guidance.
- Evaluating any DEI initiatives to confirm they are open to all employees and are not structured around race, sex or other protected-characteristic-based preferences.
- Assessing all recruiting, promotion, leadership development, mentorship and internship programs for potential disparate treatment concerns.
Organizations should also expect increased scrutiny from the EEOC and other federal enforcement agencies regarding employment practices that differentiate among employees or applicants based on protected characteristics, even where prior EEOC guidance suggested such measures might be permissible.
If you have questions about how the EEOC’s rescission may affect your organization’s affirmative action, DEI or equal employment opportunity practices, please contact Natalie Kay or Jack Rowe, or your regular Lathrop GPM attorney.