EEOC Rescinds 1979 Affirmative Action Guidance, Changing Employment Law
The EEOC rescinded its 1979 affirmative action guidelines under Title VII.
Why it matters: Employers and legal teams must revisit hiring and diversity policies as the enforcement landscape shifts, affecting workplace equity requirements nationwide.
- On June 29, 2026, the EEOC voted to rescind its 1979 voluntary affirmative action guidance and Compliance Manual Section 607.
- The agency cited inconsistency with Title VII's text and recent Supreme Court precedent to justify rescission.
- The rescission took effect June 29, 2026, and was published in the Federal Register on July 6, 2026.
- This marks a continued EEOC shift away from prior affirmative action and DEI-related enforcement positions.
On June 29, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its 1979 interpretive guidelines on voluntary affirmative action under Title VII, including related Compliance Manual Section 607. This guidance had long provided employers with a framework for implementing voluntary affirmative action plans aimed at addressing past discrimination or manifest imbalances in traditionally segregated job categories.
The EEOC's Chair, Andrea Lucas, explained the agency's rationale: "The Commission's rescission of the Affirmative Action Guidelines is consistent with the text of Title VII and Supreme Court precedent." This decision reflects a legal interpretation that prioritizes the statute’s text and aligns with recent Supreme Court rulings limiting race-conscious employment actions.
The rescission officially took effect on June 29, 2026, and was published in the Federal Register on July 6, 2026. Employers nationwide must now reassess how their hiring and diversity initiatives comply with this updated regulatory approach.
Notably, the EEOC's move signals a broader shift away from previously accepted affirmative action and diversity, equity, and inclusion (DEI) practices. Since 1979, the guidelines had been a cornerstone for many businesses' voluntary efforts to remedy workplace inequalities.
While the rescission changes the compliance landscape, details on the future of affirmative action policy at the EEOC remain unclear. Legal counsel and human resources professionals should monitor this evolving area closely to navigate compliance risks.
For further details, see the EEOC’s official guidance here and industry analysis from Littler.
By the numbers:
- 1979 — Year EEOC issued original affirmative action guidelines
- June 29, 2026 — EEOC voted to rescind the guidelines
- July 6, 2026 — Rescission published in Federal Register
What's next: Employers should await any new EEOC guidance clarifying their obligations on affirmative action in the post-rescission environment.