Red Carded: 40-Year-Old EEOC Affirmative Action Guidance Removed from the Game

By Diana Evans & Jennifer M. Trulock on July 9, 2026

On June 29, 2026, the Equal Employment Opportunity Commission (EEOC) voted to rescind two policy documents laying out steps employers can take to increase representation of historically marginalized groups in the workplace (i.e., affirmative action). The two documents are the EEOC’s “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964 as Amended” (Affirmative Action Guidelines) and its “Compliance Manual Section 607 on Affirmative Action” (Compliance Manual). A week later, the recission became official when the EEOC published its final interpretive rule. According to EEOC Chair Andrea Lucas, 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, who took steps to expand opportunities for minorities and women. The Affirmative Action Guidelines and related Compliance Manual were intended to lay out the type of affirmative action that was legally appropriate and that would not be considered unfair treatment to majority groups (i.e., reverse discrimination). The documents also provided some legal protection under Title VII’s safe-harbor provision for employers who adopted a written affirmative action policy with good-faith reliance on the Affirmative Action Guidelines and Compliance Manual to raise that reliance as a defense in a Title VII action.

So how does this move change the playing field for private employers? The law, including Title VII, remains the same. However, employers who implement voluntary affirmative action policies can no longer rely on the Affirmative Action Guidelines and Compliance Manual as appropriate guidance or as a potential defense against reverse discrimination claims. It also further highlights the EEOC’s increased scrutiny of workplace diversity, equity, and inclusion (DEI) policies and practices. While the recission of this guidance does not prohibit all DEI or anti-discrimination efforts, employers should be mindful that any such efforts do not result in unequal treatment based on protected characteristics. Employers should use this new development as a reminder to review any policies implemented under the Affirmative Action Guidelines and Compliance Manual and to keep abreast of the ever-changing legal landscape in this area. As the legal landscape continues to maneuver through these changes, employers should regularly audit their policies and practices to ensure compliance with federal, state, and local laws.