EEOC Rescinds Prior Affirmative Action Guidance

Key Takeaways

• The EEOC has withdrawn decades-old guidance that explained when and how employers could implement affirmative action plans under Title VII.
• The move signals continued federal scrutiny of workplace policies that consider race, sex, or other protected characteristics, increasing potential legal risk for employers.
• Employers should review existing affirmative action and DEI-related programs to ensure they remain compliant and defensible under current law.

The EEOC announced on June 24 that it would hold a meeting on July 1 at its Washington, D.C. headquarters to discuss three agenda items, two of which relate to affirmative action. Specifically, the agenda noted that it would consider whether to (1) revoke a 1979 interpretive rule called “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964” and (2) eliminate the related Section 607 of its Compliance Manual. However, on June 29, the EEOC canceled the July 1 meeting and voted to rescind