On June 29, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind two policy documents that have guided employers on voluntary affirmative action practices for over four decades. In a statement, the EEOC announced that their affirmative action guidelines and compliance manual on affirmative action are inconsistent with Title VII in light of Supreme Court precedent that has developed since the guidance was originally issued.
The rescinded guidance provided businesses covered by Title VII a framework for implementing voluntary affirmative action measures designed to improve employment opportunities for minorities and women. The EEOC concluded that the guidance no longer aligns with the Supreme Court’s interpretation of Title VII, which provides the same protections to all individuals. The EEOC’s related compliance manual section was found to be obsolete in light of the withdrawal of the underlying guidelines and inconsistent with developments in federal case law.
The announcement emphasizes the EEOC’s close examination of workplace programs that consider race, sex, national origin, or other protected characteristics in employment decisions. Withdrawal of the policies may be particularly relevant for employers that have implemented diversity-focused employment practices in recent years or that continue to rely on historical EEOC guidance when making personnel decisions. Employers should:
- Expect continued scrutiny of diversity, equity, and inclusion (DEI) initiatives and other programs that could be viewed as providing preferential treatment based on protected characteristics.
- Review workplace programs related to hiring, promotion, recruiting, leadership development, mentorship, internships, and training to ensure consistency with current federal law and enforcement priorities.
- Evaluate affirmative action or DEI-related initiatives to determine if modifications are appropriate.
This development is consistent with the current administration’s broader approach to DEI initiatives and programs that consider protected characteristics in employment decisions. As discussed in our previous alert, North Carolina legislators have taken a similar approach in recent legislation.
For questions regarding these EEOC updates, you may contact one of the employment attorneys at Poyner Spruill.
