Equal Employment Opportunity Commission rescinds its 1979 affirmative action guidelines under Title VII
As of our last check on November 2, 2026, this is in effect, since July 6, 2026.
We check the Federal Register daily for later actions. We check federal court opinions for rulings on published rules weekly, on Mondays. A ruling can take time to reach us, so not finding one here does not mean there is none.
In short
- What changed
- The Equal Employment Opportunity Commission (EEOC) removed its 1979 affirmative action guidelines, found in part 1608 of title 29 of the Code of Federal Regulations (CFR), in a final interpretive rule effective July 6, 2026, and applicable as of June 29, 2026. This ends the good-faith reliance defense under section 713(b) of Title VII for actions taken under such plans after the rescission.
- Who's affected
- Employers and other entities covered by Title VII of the Civil Rights Act of 1964 that use, or relied on, affirmative action plans, including plans tied to the now-revoked Executive Order 11246. The EEOC says it sees little evidence that employers rely on the guidelines today.
- What to do
- This rule creates no new duties for employers. If you have an affirmative action plan, consider reviewing it, because actions taken under it after the rescission can no longer be defended as relying on the guidelines.
What changed
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From the sourcePART 1608--[REMOVED AND RESERVED]
the Commission removes and reserves 29 CFR part 1608.
The EEOC rescinded its Guidelines on Affirmative Action Appropriate Under Title VII and removed and reserved 29 CFR part 1608.
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From the sourceSupplementary Information, I.B.5
employers will not be able to assert a defense under section 713(b) for actions taken pursuant to an affirmative action plan after the rescission
Employers will not be able to assert the section 713(b) defense for actions taken under an affirmative action plan after the rescission.
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From the sourceSupplementary Information, I.B.5
because the rescission will not be retroactive, employers will still be able to assert a defense ... under section 713(b) for actions taken before the rescission.
The rescission is not retroactive. Employers can still assert the section 713(b) defense for actions taken before the rescission, if they can meet its requirements.
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From the sourceSupplementary Information, I.B
rescission of the Guidelines is necessary because they (1) are inconsistent with the plain text of Title VII
The EEOC says it rescinded the guidelines because they conflict with the plain text of Title VII, are obsolete, cover only plans benefiting minorities and women, and may conflict with later caselaw and the Constitution.
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From the sourceFootnote 2
The Commission has issued a separate notice rescinding CM-607.
The EEOC has separately rescinded its 1981 compliance manual section on affirmative action (CM-607), which explained how it handled charges where an employer pointed to an affirmative action plan.
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From the sourceSupplementary Information, II.A
the Commission rescinds the Guidelines without notice and comment.
The EEOC rescinded the guidelines without a notice-and-comment process.
Who is affected
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Our analysisSupplementary Information, I.A
employers, labor organizations, and other persons subject to title VII [who] have changed their employment practices and systems to improve employment opportunities for minorities and women
The change matters most to employers, labor organizations and others covered by Title VII that adopted affirmative action plans in reliance on the guidelines, because those were the parties the guidelines were written to protect.
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From the sourceSupplementary Information, I.B.3
Section 1608.5 incorporates affirmative action plans created by federal contractors pursuant to the now-revoked E.O. 11246.
The guidelines covered affirmative action plans that federal contractors created under the now-revoked Executive Order 11246.
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From the sourceSupplementary Information, I.C
Rescinding the Guidelines is unlikely to significantly affect employers, given the lack of evidence that today's employers adopt affirmative action plans in reliance on the Guidelines.
The EEOC expects little effect on employers, saying it lacks evidence that today's employers adopt affirmative action plans in reliance on the guidelines.
What it means in practice
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Our analysisSupplementary Information, I.B.5
employers will not be able to assert a defense under section 713(b) for actions taken pursuant to an affirmative action plan after the rescission
Employment decisions made under an affirmative action plan after the rescission will be judged directly under Title VII, with no safe harbor for following the guidelines.
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From the sourceSupplementary Information, I.B.2
In evaluating a charge of discrimination involving an affirmative action plan, the proper inquiry is whether the charging party has been subjected to discrimination prohibited by Title VII, as determined by binding legal authority
The EEOC says that when it evaluates a discrimination charge involving an affirmative action plan, the question is whether the charging party faced discrimination prohibited by Title VII, not whether the plan follows the guidelines.
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From the sourceFootnote 11
Whether the defense is successful will hinge on numerous factors, which the Commission does not attempt to prejudge here
Whether a defense for earlier actions succeeds depends on many factors that the EEOC does not prejudge, including whether the conduct was actually taken under the plan.
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From the sourceSupplementary Information, II.D
This rescission imposes no new information collection requirements on the public
The rescission adds no new paperwork or information collection requirements.
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From the sourceSupplementary Information, I.B.5
the Commission does not believe the rescission will have a meaningful impact on how employers will implement their Title VII responsibilities
The EEOC does not expect the rescission to meaningfully change how employers carry out their Title VII responsibilities.
What to do
Required
The rule creates no new requirements for employers. It removes the guidelines, and with them the section 713(b) defense for actions taken under a plan after the rescission.
Worth considering
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Our suggestionSupplementary Information, I.B.5
employers will not be able to assert a defense under section 713(b) for actions taken pursuant to an affirmative action plan after the rescission
Consider identifying any affirmative action plans or programs your organization uses, and noting which were adopted in reliance on the rescinded guidelines.
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Our suggestionSupplementary Information, I.A
specific portions of an affirmative action plan needed to be dated and in writing
Also: Supplementary Information, I.B.5
because the rescission will not be retroactive, employers will still be able to assert a defense ... under section 713(b) for actions taken before the rescission.
Consider keeping the dated, written plan documents and records of actions taken under a plan before the rescission, since the defense can still be raised for those earlier actions.
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Our suggestionSupplementary Information, I.B.3
the Department of Labor has issued a notice of intent to rescind its regulations implementing now-revoked E.O. 11246.
Federal contractors that kept plans under the now-revoked Executive Order 11246 may want to review them, since the document notes that the Department of Labor intends to rescind the regulations behind those plans.
Open questions
The source leaves these open. We'll update this record if a later document answers them.
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Is the cutoff for the section 713(b) defense June 29, 2026, or July 6, 2026?
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Can employers still rely on earlier EEOC no-cause determinations issued under the guidelines for future charges with similar facts?
History
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Rescission of Guidelines on Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964, as Amended Source (opens in a new tab)