EEOC Withdraws 1979 Affirmative-Action Guidance

The agency says the old documents conflict with its reading of Title VII after recent court rulings and the move removes an agency safe-harbor that employers once relied on.

Overview

The EEOC voted to rescind its 1979 Affirmative Action Guidelines and related Compliance Manual section and published a final rule making the rescission effective immediately.
EEOC Chair Andrea Lucas said the agency concluded the guidance was inconsistent with Title VII as interpreted in later Supreme Court decisions.
With the guidance gone employers can no longer cite the EEOC documents as an agency-backed defense for voluntary race- or sex-conscious hiring and promotion measures.
Legal advisers expect immediate compliance reviews by employers, more state-by-state variation in enforcement, and new lawsuits testing what voluntary affirmative-action practices remain lawful.
The action fits a broader EEOC shift that has reduced focus on disparate-impact enforcement and DEI reporting, which could reshape how courts and agencies evaluate workplace equity programs.