Summary At A Glance
- The EEOC is seeking to rescind its longstanding guidance on voluntary affirmative action plans under Title VII.
- The proposal has not yet been finalized and does not change Title VII’s core nondiscrimination requirements.
- Employers should review DEI-related policies, programs, and communications to ensure they remain aligned with equal employment opportunity principles.
The Equal Employment Opportunity Commission (EEOC) recently submitted a proposal to the Office of Information and Regulatory Affairs (OIRA) seeking to rescind its 1979 interpretive rule addressing voluntary affirmative action plans under Title VII of the Civil Rights Act. The proposal is currently under federal regulatory review and has not yet been published for public comment. As a result, the full text of the proposal is not yet publicly available.
The current rule provides guidance on when private employers may voluntarily adopt affirmative action measures outside of requirements imposed by settlement agreements, state laws, or federal contractor obligations. It also recognizes that an employer’s self-analysis of its workforce or employment practices may support certain reasonable affirmative action measures, such as goals and timetables designed to address identified barriers to equal employment opportunity.
If finalized, the proposal would remove the EEOC’s longstanding interpretive guidance on voluntary affirmative action plans. It would not, however, change Title VII’s core prohibitions against discrimination or alter employers’ obligation to make employment decisions based on legitimate, nondiscriminatory business reasons.
What Employers Need to Know
This recent EEOC activity has generated questions from employers about what, if anything, it means for their organizations. While many employers do not maintain formal voluntary affirmative action plans, the development is a timely reminder to review DEI-related policies, programs, and practices for consistency with equal employment opportunity principles.
Importantly, the announcement does not change Title VII’s core prohibitions against discrimination. Employers should continue to make employment decisions based on legitimate, nondiscriminatory business factors and ensure workplace initiatives are designed and administered consistently with applicable federal, state, and local laws.
Employer Takeaway
For most employers, the key takeaway is not that workplace initiatives must be eliminated or significantly changed. Rather, this is an opportunity to confirm that policies, programs, and communications accurately reflect current practices, avoid inconsistent messaging, and remain aligned with equal employment opportunity obligations.
For additional insight into the federal government’s evolving approach to DEI-related initiatives, read our prior post, entitled The Department of Justice’s Federal Guidance on Unlawful Discrimination and DEI Programs.
HR Works Resources
HR Works’ DEI Best Practices & Compliance Checklist for Employers is designed to help employers reassess existing DEI policies and practices, including hiring, promotion, and training programs, for potential compliance considerations. The resource provides employers with a practical starting point for evaluating whether DEI-related initiatives remain aligned with equal employment opportunity principles and current legal developments.
Current HR Works clients may contact their designated HR Consultant or the HR Helpline for assistance in reviewing workplace policies and related compliance considerations.
Non-HR Works clients may contact us for HR solutions by calling toll-free at 1-877-219-9062 or completing the contact us form on our website.
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