The Equal Employment Opportunity Commission (EEOC) formally rescinded the federal guidance employers have relied on for nearly 50 years when designing voluntary affirmative action plans under Title VII. In a June 29 vote, the EEOC voted to rescind the two documents that provide a long-standing roadmap for employers. This move follows the EEOC’s recent National Enforcement Plan (NEP), which signaled that the agency would treat race- and sex-conscious workplace programs as intentional discrimination. Although U.S. Supreme Court caselaw remains unchanged, the rescission narrows federal enforcement posture. As a result, employers with voluntary affirmative action plans, diversity initiatives, or other programs tied to protected characteristics should review those programs now to ensure they are justifiable under existing law.
