U.S. EEOC rescinds 40-year affirmative‑action guidance

On June 30 2026 the U.S. Equal Employment Opportunity Commission voted to rescind its 1979 interpretive guidance on voluntary affirmative‑action plans under Title VII of the Civil Rights Act, along with the related section of its compliance manual. EEOC Chair Andrea Lucas said the documents were no longer consistent with the text of Title VII or subsequent Supreme Court precedent, and the agency’s action reflects its broader shift away from earlier DEI‑related positions. The guidance had previously allowed employers to claim a good‑faith defense when defending voluntary race, sex, or national‑origin affirmative‑action programs; that defense is now unavailable, though the rescission does not alter Title VII itself or the Supreme Court cases that remain good law. Employers are advised to review their voluntary affirmative‑action programs with legal counsel. The move follows other EEOC initiatives earlier in 2026, including a proposed rule to end large‑employer EEO data reporting, a new five‑year National Enforcement Plan, and a draft strategic plan for fiscal years 2026‑2030.