EEOC Votes To Rescind Voluntary Affirmative Action Guidelines - VEVRAA and Section 503 Obligations Remain

On June 29, 2026, the EEOC voted to rescind two longstanding affirmative action policy documents: its 1979 Affirmative Action Guidelines and the related Compliance Manual Section 607 on Affirmative Action. EEOC Chair Andrea Lucas framed the decision as reaffirming equal treatment under the law and equal opportunity for all workers.

Infrequently used by employers over the years, the Guidelines outlined the elements an employer would need to follow to develop a voluntary affirmative action plan and provided a “statutory defense” to employers who acted in reliance on the Guidelines.

In its rescission notice published in the Federal Register, the Commission noted four broad concerns with the Guidelines, including that they:

• Are inconsistent with the plain text of Title VII and were unsupported by Supreme Court Title VII caselaw addressing affirmative action when issued;
• Are obsolete given the case law that has developed since first issued and because the “historical and cultural factors that gave rise to affirmative action programs in the immediate wake of the civil rights advancements of the 1960s are simply not present in 2026”;
• Contemplate only plans which benefit minorities and women and therefore provide “less protection to majority-group employees”; and
• May conflict with subsequent caselaw and the U.S. Constitution.

The related compliance manual was also rescinded because it was considered obsolete and inconsistent with current legal precedent. You can read the full text of the press release here and the EEOC’s full justification here.

Federal contractors should keep in mind that this action has no effect on affirmative action plan requirements under VEVRAA or Section 503. Those affirmative action requirements are mandated by Congress and currently enforced by OFCCP. Federal contractors' obligations to prepare and implement written affirmative action programs for protected veterans and individuals with disabilities remain fully in place.