On June 29, 2026, the Equal Employment Opportunity Commission voted to rescind two key policy documents guiding voluntary affirmative action in American workplaces.
The two documents removed were the EEOC’s “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964 as Amended” and its “Compliance Manual Section 607 on Affirmative Action.”
A week after the vote, the rescission became official when the EEOC published its final interpretive rule, marking a significant shift in federal employment guidance.
EEOC Chair Andrea Lucas stated the change was intended to ensure EEOC guidance was consistent with Title VII and the principle of equal treatment under the law.
The Affirmative Action Guidelines were originally adopted in 1979 to encourage and protect voluntary affirmative action by entities covered by Title VII, including private employers expanding opportunities for minorities and women.
The documents were designed to outline what type of affirmative action was legally appropriate and would not be considered unfair treatment toward majority groups, commonly referred to as reverse discrimination.
Employers who adopted a written affirmative action policy in good-faith reliance on the guidelines could previously raise that reliance as a defence in a Title VII legal action under a safe-harbour provision.
With the rescission now in effect, employers who implement voluntary affirmative action policies can no longer rely on those documents as appropriate guidance or as a potential defence against reverse discrimination claims.
The move also signals the EEOC’s increased scrutiny of workplace diversity, equity, and inclusion policies and practices across the private sector.
While the rescission does not prohibit all DEI or anti-discrimination efforts, employers must ensure any such efforts do not result in unequal treatment based on protected characteristics.
Legal experts at Bradley Arant Boult Cummings LLP are urging employers to review any policies previously implemented in reliance on the now-rescinded Affirmative Action Guidelines and Compliance Manual.
Title VII itself and the broader body of federal employment law remain unchanged, meaning existing statutory obligations for employers are unaffected by the EEOC’s decision.
Employers are advised to regularly audit their workplace policies and practices to maintain compliance with federal, state, and local laws as this evolving legal landscape continues to develop.