EEOC Rescinds Forty-Year-Old Affirmative Action Guidance: Why Employers Should Review Their DEI and Employment Practices Now

Short summary

The EEOC rescinded 40-year-old affirmative action guidance, shifting toward a color-blind interpretation of employment law. Employers should review DEI initiatives to ensure they expand opportunity for all rather than make employment decisions based on protected characteristics. Lawful programs include broad recruiting and outreach; programs requiring review include hiring preferences, demographic quotas, and compensation tied to demographics.

• •EEOC rescinded 1979 affirmative action guidance as inconsistent with Supreme Court's color-blind employment precedent
• •Employers can continue broad recruiting and outreach but should scrutinize race/sex-based hiring or promotion preferences
• •Companies should conduct privileged legal review of DEI policies, hiring procedures, leadership development, and compensation programs

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