In 1979, the EEOC published “Affirmative Action Appropriate Under Title VII of the Civil Rights Act Of 1964”. 29 C.F.R Part 1608 (“the Guidance”) which provided guidance to employers electing to implement voluntary affirmative action programs.

Last week, the EEOC rescinded the Guidance, consistent with the Trump administration’s opposition to race and sex-based affirmative action efforts.



Although it has been in place for almost 50 years, employers very rarely relied on the Guidance to create voluntary affirmative action programs. Thus, as a practical matter, EEOC’s recission will have very little impact.

Importantly, the recission of the Guidance has no impact on the mandatory affirmative action requirements federal contractors and subcontractors must comply with related to veterans, under the Viet Nam Era Veterans Readjustment Assistance Act, and individuals with disabilities, under the Rehabilitation Act.

In compliance with those laws and related regulations, contractors must continue to prepare annual affirmative action plans covering all U.S. employees.

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