EEOC Rescinds 1979 Affirmative‑Action Guidance

The move removes an EEOC safe‑harbor for voluntary diversity programs, raising legal uncertainty for employers and likely prompting audits and new litigation.

Overview

The EEOC voted to withdraw its 1979 interpretive rule and the related 1981 Compliance Manual section on June 29, 2026, and published a final interpretive rule that took effect on July 6, 2026.
The rescinded documents had told employers when narrow, temporary affirmative‑action plans would be lawful and served as an agency 'safe‑harbor' employers could cite in defense of voluntary programs.
EEOC Chair Andrea Lucas said the agency acted to align its guidance with the text of Title VII and recent Supreme Court decisions that narrowed race‑conscious policies.
Employers must now review DEI and affirmative‑action practices because the agency guidance can no longer be relied on as a defense, increasing the risk of private suits and inconsistent enforcement.
The change follows a broader federal shift on disparate‑impact enforcement, including a June 9, 2026 DOJ OLC opinion, and the rescission was reported to have occurred without public comment, which may fuel legal challenges.