Affirmative Action

EEOC Rescinds Guidance on Permissible Affirmative Action On June 30, 2026, the U.S. Equal Employment Opportunity Commission announced that it had rescinded two documents relating to permissible affirmative action 1 under Title VII of the U.S. Civil Rights Act: (1) its regulatory guidelines 2 on “appropriate” affirmative action under the statute; and (2) section 607 of its Compliance Manual, which addressed those guidelines and the agency’s enforcement positions with respect to permissible affir…

Takeaways The EEOC voted to rescind its 1979 interpretive guidance on voluntary affirmative action under Title VII and the related EEOC Compliance Manual Section 607. The EEOC said the guidance was inconsistent with the text of Title VII and subsequent Supreme Court precedent. The rescission reflects the EEOC’s continued shift away from prior agency positions on affirmative action and DEI-related employment practices. Links EEOC Votes to Rescind Affirmative Action Interpretive Guidelines and Re…

On June 11, 2026, the U.S. Small Business Administration (SBA) published a proposed rule that would formally remove from its 8(a) Business Development Program regulations the rebuttable presumption of social disadvantage for members of certain racial and ethnic groups and replace it with a new eligibility test centered on whether an applicant has been harmed by unlawful discrimination, including illegal diversity, equity, and inclusion (DEI) programs.