The U.S. Equal Employment Opportunity Commission rescinded its affirmative action guidelines Tuesday, eliminating an interpretation that had persisted for 40 years.
According to a June 30 statement, the guide and a related compliance manual “ran afoul” of Title VII of the Civil Rights Act of 1964 and more recent U.S Supreme Court rulings in the eyes of the commissioner. Almost three years ago to the day, the high court issued its decision in Students for Fair Admissions, Inc. v. Harvard, holding that race-conscious admissions practices at two universities were unconstitutional.
At the time, workplace experts and attorneys noted that while the ruling applied to higher education institutions, the decision could have a chilling effect on the workplace. Now in 2026, EEOC's strategic priorities have been in lockstep with conservative agenda of President Donald Trump’s administration, including its rejection of disparate impact liability.
“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,” Chair Andrea Lucas said in a June 30 statement on the guidelines’ rescission. “This week's 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 recissions are in keeping with EEOC’s vision for the future of work, as outlined in a newly minted enforcement plan that identified priorities for the commission through 2029. Published last month, the plan highlighted a crackdown on disparate impact liability theories, job advertisements that “encourage” certain groups of people to apply, and staffing agencies or fellowships that pick talent similarly. The plan also highlighted a focus on diversity, equity and inclusion programs, or those using “similar euphemisms.”
One advocacy organization, the National Women’s Law Center, decried the change. “This is just the latest action by the EEOC to sow confusion and deter employers from taking lawful steps to ensure their workplace practices are fair and inclusive,” said Lauren Khouri, Senior Director of Workplace Equality at NWLC, in a statement.
The takeaway from the new plan should not be to “abandon lawful EEO efforts, but to ensure policies do not use protected characteristics as selection criteria,” management-side attorney Randi Hyatt, a partner at Whiteford, Taylor & Preston, said in an analysis.
HR should review all kinds of programs that have diversity-related criteria sooner rather than later to help reduce risk should there be scrutiny in the future, Hyatt wrote; “The best preparation is a proactive compliance review focused on how policies operate in practice — not just on paper.”
