On June 30, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind two longstanding agency policy documents addressing affirmative action under Title VII: “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964” and the related Compliance Manual Section 607 on Affirmative Action. The guidance had been in place for approximately four decades.
EEOC Says Guidance Conflicts with Modern Title VII Jurisprudence
According to the EEOC, the rescinded guidance no longer reflects current law and is inconsistent with both the text of Title VII of the Civil Rights Act of 1964 and subsequent Supreme Court precedent.
The agency noted that the original 1979 guidance was intended to assist employers seeking to improve employment opportunities for minorities and women through race-, sex-, or national origin-conscious employment practices. However, the EEOC concluded that subsequent Supreme Court decisions have emphasized that Title VII affords the same protections to every individual.
Potential Impact on DEI and Affirmative Action Programs
Although the EEOC’s action does not amend Title VII itself, it removes agency guidance that employers have relied upon for decades when evaluating certain affirmative action initiatives.
The rescission is likely to heighten employer scrutiny of:
- Diversity, equity, and inclusion (DEI) initiatives;
- Voluntary affirmative action programs;
- Race- or sex-conscious employment practices; and
- Hiring, promotion, training, and leadership development programs that consider protected characteristics.
The move also reflects the EEOC’s broader enforcement focus on alleged intentional discrimination arising from employment practices that grant preferences based on protected characteristics.
Compliance Manual Section Also Rescinded
In addition to withdrawing the interpretive guidelines, the Commission rescinded the related Compliance Manual on Affirmative Action, finding it had become obsolete following the withdrawal of the underlying guidance and developments in federal case law.
As a result, employers can no longer rely on these EEOC materials as the agency’s current interpretation of Title VII.
Employers Impacted
The rescission is relevant to:
- Private-sector employers covered by Title VII;
- Public-sector employers subject to federal anti-discrimination laws;
- Employers maintaining affirmative action or DEI-related programs;
- Human resources, legal, and compliance teams responsible for equal employment opportunity policies.
Because the EEOC is the primary federal agency responsible for investigating and litigating employment discrimination claims against private employers, its policy interpretations can significantly influence enforcement priorities.
Employer Takeaway
The EEOC’s decision signals continued federal scrutiny of employment practices that take race, sex, or other protected characteristics into account. Employers should consider consulting counsel regarding compliance with evolving Title VII enforcement priorities.
While the rescission does not create new statutory obligations, it represents a significant shift in the EEOC’s interpretation of Title VII and may influence future investigations, enforcement actions, and litigation involving workplace diversity initiatives.