On June 29, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind two long-standing policy documents on voluntary affirmative action: the interpretive guidelines titled “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964, as Amended” (Affirmative Action Guidelines) and the related Compliance Manual Section 607 on Affirmative Action (Compliance Manual). The agency argued the rescinded documents conflict with Title VII and with past Supreme Court decisions.
The vote sets the rescission in motion. As of this writing, the Affirmative Action Guidelines still remain in the Code of Federal Regulations, and formal removal will follow with an announcement in the Federal Register.
Background on the Rescinded Guidelines
The EEOC adopted the Affirmative Action Guidelines in 1979 to encourage and protect voluntary affirmative action by employers, labor organizations and other entities covered by Title VII. The agency’s stated concern at the time was that employers who took steps to expand opportunities for women and minorities might face “reverse discrimination” claims under the same statute they were trying to advance.
The guidelines aimed to resolve that uncertainty. They spelled out when voluntary affirmative action was appropriate. They also laid out what a defensible plan required: a reasonable self-analysis, a reasonable basis for concluding that action was warranted, and reasonable action tailored to the problem.
The guidelines also offered employers some legal protection. An employer that adopted a written affirmative action plan with good-faith reliance on the guidelines could invoke the defense in Section 713(b)(1) of Title VII. The guidelines also described how the EEOC would treat plans developed under Executive Order 11246, conciliation and settlement agreements, state or local law, and court orders.
The Commission’s Rationale
The EEOC concluded that the guidelines conflicted with Title VII’s text and with Supreme Court precedent developed over the past 40 years. The agency pointed to the court’s reading of Title VII as extending the same protections to every individual, regardless of group membership. Chair Andrea Lucas described the action as consistent with the statute and with the principle of equal treatment under the law. The EEOC also rescinded the Compliance Manual, rendering it obsolete once the underlying guidelines were withdrawn.
Implications for Higher Ed HR
Title VII obligations have not changed, and the prohibition on employment discrimination remains in force. However, as a result of the rescission, institutions that maintain voluntary, race- or sex-conscious employment programs can no longer point to the Affirmative Action Guidelines as a Section 713(b)(1) good-faith defense once they are officially rescinded. HR leaders should consult counsel about workforce programs that consider a protected characteristic under Title VII and potential vulnerabilities in light of the rescission.
CUPA-HR will continue to monitor the rescission process and report on the formal Federal Register notice and any related guidance.