EEOC Proposes Ending 1979 Voluntary Affirmative Action Guidance
EEOC proposes rescinding its 1979 voluntary affirmative action guidance and EEO reporting rules.
Why it matters: Employers and legal teams must prepare for changes affecting affirmative action policies and federal EEO reporting obligations, impacting compliance and risk management.
- On May 27, 2026, EEOC proposed rescinding its 1979 voluntary affirmative action guidance under Title VII, codified at 29 C.F.R. Part 1608.
- The 1979 rule permits employers to adopt voluntary affirmative action plans to address workforce disparities.
- Earlier in May 2026, EEOC proposed ending federal EEO recordkeeping and EEO-1 reporting requirements for many employers.
- These proposals align with recent federal deregulation efforts reversing affirmative action mandates for federal contractors.
On May 27, 2026, the Equal Employment Opportunity Commission (EEOC) submitted a proposal to the Office of Information and Regulatory Affairs (OIRA) to rescind its 1979 interpretive rule under Title VII of the Civil Rights Act that allows employers to implement voluntary affirmative action plans. This rule, codified at 29 C.F.R. Part 1608, provides criteria for when such plans can be used to address workforce disparities.
Earlier in May 2026, the EEOC also proposed rescinding federal Equal Employment Opportunity (EEO) recordkeeping and reporting requirements, including the EEO-1 form used by many large employers and federal contractors to report workforce demographics. These changes could reduce federal oversight and data collection on employer diversity.
These moves reflect broader federal regulatory changes following President Trump's 2025 executive orders that reversed previous mandates requiring affirmative action programs for federal contractors. These executive orders emphasized deregulation of diversity, equity, and inclusion efforts on the federal level.
For employers, these proposals signal a shift in EEOC enforcement and compliance obligations. While the 1979 guidance has enabled voluntary affirmative action plans to promote workforce equity, its removal may limit legal frameworks supporting such efforts. Similarly, the end of EEO-1 reporting would alter federal monitoring of workplace demographics.
Legal counsel should note this proposed rescission does not eliminate all affirmative action requirements, as many state and local laws impose their own obligations. Employers must continue managing anti-discrimination compliance while adapting to federal regulatory changes.
These proposals are currently under review, and stakeholders should monitor EEOC updates and public comment periods.
By the numbers:
- 1979 — Year when EEOC issued voluntary affirmative action guidance under Title VII
- May 27, 2026 — Date EEOC proposed rescinding the 1979 guidance
- May 14, 2026 — EEOC proposed ending EEO-1 reporting requirements
Yes, but: The EEOC proposals are not final and are subject to regulatory review and public input, so employers should remain vigilant for possible revisions or reversals.
What's next: EEOC’s proposed rule changes are now with OIRA for review; public comments and additional updates are expected in late 2026.