EEOC Rescinds Guidance on Voluntary Affirmative Action Plans

In June 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its 1979 interpretive guidance, “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964 as Amended”, along with the related Compliance Manual Section 607, which for decades provided the agency’s framework for evaluating voluntary affirmative action plans. According to the EEOC, the guidance was not consistent with the text of Title VII or subsequent U.S. Supreme Court precedent. 

While the rescission does not change Title VII or existing case law, it reflects the EEOC’s continued shift away from prior agency positions on affirmative action and DEI-related employment practices. 

How this Impacts Employers

Employers should review any voluntary affirmative action plans or other initiatives to ensure they align with current enforcement priorities and applicable federal, state, and local laws. 

Employers with questions about how the updates may impact their employment practices should contact any of our employment attorneys.