EEOC rescinds four-decade-old affirmative‑action guidance, altering employer DEI framework

On June 30, 2026 the U.S. Equal Employment Opportunity Commission (EEOC) voted to withdraw two longstanding policy documents that have guided voluntary affirmative‑action plans since 1979: the interpretive guidance titled “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964” and the related Section 607 of the EEOC Compliance Manual. EEOC Chair Andrea Lucas said the guidance was inconsistent with the text of Title VII and with recent Supreme Court precedent, emphasizing that the statute protects every worker equally regardless of race, sex, or national origin.

The rescission does not change the substantive Supreme Court rulings that still permit narrowly tailored voluntary affirmative‑action programs (e.g., United Steelworkers v. Weber, Johnson v. Transportation Agency). However, employers lose the regulatory framework that previously allowed them to rely on the EEOC’s interpretation as a defense in Title VII litigation. The agency’s action follows a broader judicial trend toward a “color‑blind” reading of anti‑discrimination laws, highlighted by the 2023 Students for Fair Admissions decision and the recent Ames v. Ohio Department of Youth Services ruling.

Employers are urged to review DEI initiatives that involve race‑ or sex‑based hiring preferences, promotion quotas, demographic‑linked compensation, or other practices that could be viewed as preferential treatment under the new regulatory environment.