EEOC Votes to Eliminate Affirmative Action Guidance

The U.S. Equal Employment Opportunity Commission (EEOC) on Monday, June 29, voted to rescind two 1979-enacted policy documents:

1. The “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964 as Amended” guidelines (found in 29 CFR Part 1608); and,
2. The corresponding “Compliance Manual Section 607 on Affirmative Action.”

The rescission plans are scheduled to be published in the July 1 edition of the Federal Register.

The EEOC, which enforces federal laws that prohibit employment discrimination in numerous areas (e.g., hiring, firing, promotions, harassment, training, wages, benefits), determined that the previously provided affirmative action guidelines:

• Ran counter to the original text of Title VII of the Civil Rights Act of 1964, which the EEOC stated inherently provides the “same protections for every ‘individual’”; and,
• Contradicted Supreme Court rulings that have “emerged over the last four decades.” (The agency specifically cited the June 5, 2025, unanimous decision in Ames v. Ohio Department of Youth Services, which found plaintiffs alleging “reverse discrimination” under Title VII do not have to meet a higher evidentiary standard than any other plaintiff.)

Background on the Guidelines

The guidelines were initially created to encourage and protect employers who take voluntary steps to eliminate discrimination and correct historical workforce imbalances for minorities and women, without exposing them to reverse-discrimination lawsuits. To achieve this, the interpretive guidelines were designed to establish a clear legal safe harbor. Key objectives of the regulation are listed in the table below:

‘A Defining Commitment’

EEOC chair Andrea Lucas said the purpose of the vote was to “reaffirm” (vs. eliminate) federal protections.

“As our nation approaches its 250th birthday, we are reminded that the founders’ vision rested on the enduring principle that every individual is created equal and, therefore, is entitled to equal treatment under the law,” she stated in an agency press release. “[This] action reaffirms that Title VII’s protections apply equally to all American workers and that equal opportunity remains a defining commitment of our democracy.”

The agency said it eliminated the related compliance manual because it was “made obsolete” by the recission of the original guidelines.

Editor’s Note: Additional Content

For more information and resources related to this article, see the pages below, which offer quick access to all WorldatWork content on these topics:

• Equitable and Diverse Workplaces
• Organizational Performance