The EEOC has voted to rescind two Affirmative Action-related agency policy documents that it says “ran afoul of the text of Title VII” and “contradicted Supreme Court case law”. In this compliance alert, we’ll look at what the removal of these four-decade-old documents will mean for employers conducting affirmative action-like programs.
Summary
On June 30, 2026, the EEOC issued a press release announcing that it had voted to rescind a pair of agency policy documents that have been in use for approximately 45 years. These documents are:
- “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964 as Amended” (Affirmative Action Guidelines)
- “Compliance Manual Section 607 on Affirmative Action” (Compliance Manual on Affirmative Action)
The guidelines (and the compliance manual, a related piece of documentation) describe circumstances in which employers were permitted to adopt voluntary affirmative action plans and rely on the EEOC’s interpretation as a safe harbor defense under Title VII.
In the press release, the agency claims the guidelines “ran afoul of the text of Title VII and contradicted Supreme Court case law that has developed over the four decades since the Affirmative Action Guidelines were issued.” It takes issue with the guidelines’ purpose of protecting employers subject to Title VII who change their employment practices and make “race, sex, or national origin conscious […] decisions,” arguing that this is in conflict with Title VII providing the “same protections for every individual.”
Who Is Impacted and What Actions Are Required?
As with many recent EEOC actions, the rescission of these documents will not change underlying EEO law (e.g. Title VII) or prior legal rulings (United Steelworkers v. Weber, Johnson v. Transportation Agency) and is primarily a reflection of the EEOC’s shifting enforcement posture and interpretation. Furthermore, Affirmative action for veterans and individuals with disabilities remains a federal contractor requirement.
Nonetheless, the rescission comes at a time when the EEOC, other agencies, lawmakers, and individuals are increasingly testing the established legitimacy of programs that consider protected characteristics. Therefore, employers voluntarily conducting affirmative action measures, or other activity similar in intent to affirmative action programming, should expect closer scrutiny and must perform a risk assessment to ensure their activity is defensible.
How Affirmity Can Help
This rescission is just the latest proof that organizations need to prepare for EEOC action on a “DEI discrimination” basis. Affirmity can help you prepare with:
- Race and gender-based workforce analysis software and services that turn your demographic data into critical intelligence about legal risk and competitive advantage.
- Support for Section 503 and VEVRAA affirmative action
- Risk assessment services, covering AI use in selection systems and key EEOC litigation targets such as DEI programs
Protect your organization from shifting agency priorities and get the data you need: Contact our team of experts today.
About the Author
Since joining Affirmity in 2022, Mary has become a trusted consultant, partnering with organizations across diverse industries to navigate workforce compliance and reporting requirements. She specializes in EEO-1, VETS-4212, California and Illinois Pay Data Reporting, Minnesota State Reporting, Affirmative Action Programs (AAPs), and Workforce Insights reports. Known for her analytical expertise and attention to detail, Mary helps clients meet evolving federal and state compliance obligations with confidence. She also contributes to the continuous enhancement of Affirmity’s consulting services through active participation in ILG meetings and internal initiatives that support innovation and client success.