The U.S. Equal Employment Opportunity Commission (“EEOC”) recently took a significant step that may affect how employers evaluate affirmative action and diversity-related employment practices. On June 30, 2026, the EEOC voted to rescind two longstanding guidance documents that had provided employers with the agency’s interpretation of when voluntary affirmative action plans could comply with Title VII of the Civil Rights Act of 1964. Although the underlying law has not changed, the agency’s action reflects a notable shift in enforcement priorities and serves as a reminder for employers to review existing workplace policies and programs.

The EEOC withdrew The Guidelines on Affirmative Action Appropriate Under Title VII (29 C.F.R. Part 1608); and Section 607 of the EEOC Compliance Manual, which addressed voluntary affirmative action plans. For decades, these materials offered employers guidance on developing affirmative action programs intended to address the effects of prior discrimination or significant workforce imbalances while remaining consistent with Title VII. With the rescission, such documents no longer represent the EEOC’s enforcement position.

Importantly, the EEOC’s action does not amend Title VII or automatically invalidate all voluntary affirmative action programs. Existing Supreme Court precedent recognizing that certain carefully structured voluntary affirmative action plans may be permissible under limited circumstances remain in place. However, employers can no longer rely on the EEOC’s former guidance as support that a particular program aligns with the agency’s interpretation of the law.

The rescission also reflects the EEOC’s broader focus on employment practices that consider protected characteristics such as race or sex. As a result, employers should anticipate increased scrutiny of workplace initiatives involving hiring, promotions, compensation, leadership development, internships, mentoring opportunities, and other employment decisions where protected characteristics may influence eligibility or selection. This development does not mean that all diversity, equity, and inclusion (“DEI”) initiatives are prohibited. Rather, employers should ensure such programs are carefully designed, supported by legitimate business objectives, and implemented in a manner consistent with applicable federal state and local law.

In light of the EEOC’s action, employers should consider reviewing voluntary affirmative actions plans, DEI initiatives, recruiting and hiring practices, promotion policies, leadership development programs, and internal employment policies that reference prior EEOC guidance. Employers should also evaluate whether these programs have a sound legal basis, are appropriately tailored to their intended objectives, and are supported by current law rather than agency guidance that has been withdrawn.