On June 30, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted to rescind two longstanding guidance documents that, for more than four decades, provided employers with a roadmap for implementing voluntary affirmative action programs under Title VII of the Civil Rights Act of 1964. The Commission withdrew its 1979 interpretive guidance entitled Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964 and the related Section 607 of the EEOC Compliance Manual. According to EEOC Chair Andrea Lucas, the agency concluded that the guidance no longer reflects the text of Title VII or current Supreme Court precedent. Although the EEOC’s action does not amend Title VII or eliminate all affirmative action programs, it represents another significant step in the federal government’s continuing shift toward a color-blind interpretation of federal employment discrimination laws. For employers, this is an appropriate time to conduct a privileged review of… Read the complete article here...
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