National Law Review
7/3/2026

EEOC Rescinds Affirmative Action Guidelines: What the Commission’s Vote Means for Employers with Voluntary Affirmative Action Plans
Short summary
The EEOC rescinded its 1979 affirmative action guidelines on June 29, 2026, removing the regulatory framework employers used to defend voluntary diversity programs. While Supreme Court precedent remains binding, the practical environment has shifted—particularly after the 2023 Students for Fair Admissions decision—making litigation risk significantly higher. HR leaders should immediately review existing DEI programs, document good-faith reliance, and prepare for increased legal challenges.
- •EEOC eliminated guidelines that previously protected voluntary affirmative action plans
- •Supreme Court precedent still allows such programs but regulatory backing is gone
- •Expect sharp increase in litigation and legal challenges to DEI initiatives
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