EEOC Moves To Rescind 1979 Affirmative Action Interpretive Guidance

June 2, 2026

What's New

The Equal Employment Opportunity Commission has asked OMB to approve a measure that would rescind the agency’s 1979 guidance on when voluntary affirmative action is permissible under Title VII. The guidance, codified at 29 CFR Part 1608, outlines when employers may adopt voluntary affirmative action plans for women and minorities.

What It Means

The immediate practical effect may be limited. Most employers that adopted affirmative action plans for women and minorities did so to comply with Executive Order 11246 or state/local requirements, not because of Part 1608. More broadly, the move is notable as another sign that the EEOC is pursuing a markedly different agenda from administrations of either party over the last 40 years.

What You Should Do

Employers should distinguish between affirmative action measures maintained to comply with state or local law and broader EEO compliance efforts designed to identify risk and prevent discrimination. Even if this rescission has limited immediate effect for most employers, it is another reminder to review how those programs are described, justified, and implemented.

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