Washington, DC – The EEOC announced today that it voted to rescind its longstanding guidance documents on affirmative action. Rescinding these guidelines does not overrule Supreme Court case law, but it will create confusion for employers and deter them from taking lawful steps to ensure equal opportunity. 

The vote — scheduled without a public comment period — rescinded the EEOC’s 1979 interpretive rule on “Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964,” which provided clarity and guidance on how employers can enact affirmative action plans without violating Title VII of the 1964 Civil Rights Act. 

As the nation marks 250 years since the signing of the Declaration of Independence, this should be a time to celebrate our country’s civil rights history. Instead of upholding civil rights protections, the EEOC is choosing to roll them back. 

“At a time when workers are struggling to make ends meet, the EEOC should be using all the tools at its disposal to ensure everyone can access good jobs. Instead, the agency is getting rid of decades-old guidelines that help employers remove barriers to opportunity,” said Lauren Khouri, Senior Director of Workplace Equality at the National Women’s Law Center. “This is just the latest action by the EEOC to sow confusion and deter employers from taking lawful steps to ensure their workplace practices are fair and inclusive.”