EEOC Rescinds 1979 Guidelines Protecting Voluntary Affirmative Action Plans

The EEOC rescinded its 1979 guidelines that protected voluntary affirmative action plans under Title VII.

On June 30, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) officially rescinded the 1979 "Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964 as Amended" guidelines and the related Compliance Manual Section 607 on Affirmative Action. These documents had long protected employers who voluntarily implemented affirmative action plans to improve employment opportunities for minorities and women.

EEOC Chair Andrea Lucas explained that this action aligns the agency’s policies with the actual language of Title VII and decades of Supreme Court rulings, which have narrowed the scope of affirmative action in employment. She stated, "This week's action reaffirms that Title VII's protections apply equally to all American workers and that equal opportunity remains a defining commitment of our democracy."

The rescission signals a shift in the EEOC's enforcement priorities. Instead of endorsing specific affirmative action guidelines, the agency will now focus on ensuring equal treatment under Title VII without separate protections for voluntary affirmative action plans.

Legal counsel at the national law firm Jackson Lewis advise employers to reevaluate their diversity and affirmative action strategies immediately. The removal of these long-standing guidelines creates uncertainty around voluntary initiatives, requiring companies to carefully reassess compliance risks under the updated EEOC approach.

Lauren Khouri, Senior Director of Workplace Equality at the National Women’s Law Center, cautions that this change could confuse employers and potentially discourage lawful efforts to promote workplace inclusion. However, the EEOC has made clear that its current focus is on applying Title VII protections fairly and consistently to all workers.

Employers and legal advisers must monitor this evolving landscape closely to ensure that affirmative action and diversity policies comply with both the letter and spirit of Title VII as the EEOC adjusts its oversight.

Yes, but: Some legal experts warn that removing specific affirmative action protections may increase legal uncertainty for employers seeking to implement voluntary diversity programs under Title VII.

What's next: Employers should watch for forthcoming EEOC guidance or enforcement updates clarifying permissible voluntary affirmative action measures under the revised policy.