Civil Rights Organizations Condemn EEOC’s Rescission of Long-Standing Affirmative Action Guidance

July 1. 2026

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For Immediate Release
Jul 1, 2026

Media Contact
Nazirah Ahmad
[email protected]

WASHINGTON, D.C.—Yesterday, the U.S. Equal Employment Opportunity Commission (EEOC) announced the rescission of 29 C.F.R. Part 1608, a longstanding interpretive rule on the steps employers can take to remedy discrimination in their workplaces (i.e. “affirmative action”). The Legal Defense Fund (LDF), Equal Rights Advocates, National Urban League, National Partnership for Women and Families, National Women’s Law Center, and The Leadership Conference on Civil and Human Rights condemn the agency’s actions, including the decision to vote on the matter yesterday without considering public input. 

For nearly fifty years, this federal guidance has supported companies seeking to address employment discrimination through voluntary affirmative action plans in line with Title VII of the Civil Rights Act of 1964 and Supreme Court precedent. The rescission of the rule and related compliance documents eliminates critical guidance for employers on lawful measures to address barriers to equal employment opportunities for women, people of color, and other marginalized groups. 

The rescission of 29 C.F.R. Part 1608 aligns with broader efforts by the Trump Administration to undermine proven anti-discrimination tools and increase scrutiny of programs that consider protected characteristics without proper procedural safeguards. Today’s announcement comes only one day before the EEOC was scheduled to discuss the matter at an open hearing, and without the standard opportunity for impacted members of the public to provide input on the issue before the agency’s decision was finalized. 

Eliminating the rule does not change the law. Employers may still advance diversity, equity, inclusion, and accessibility by engaging in broad recruitment, implementing training programs, and using other lawful means to ensure equal opportunity. They also have an obligation under Title VII to address unjustified barriers in employment. Employers must uphold their obligation to address workplace discrimination by continuing to take lawful steps to address employment barriers, despite the EEOC’s partisan efforts to mislead and discourage them. 

 

Quotes from Civil Rights Organizations

“This latest step by the EEOC to upend a half-century’s worth of guidance on employment discrimination is a troubling development, but it does not change the law,” said Amalea Smirniotopoulos, Senior Policy Counsel and Co-Manager of the Equal Protection Initiative at the Legal Defense Fund (LDF). “The Trump EEOC’s ongoing efforts to discourage the lawful practices of diversity, equity, inclusion, and accessibility does not at all limit their ability to engage in broad recruitment, implement training programs, eliminate requirements that are not job-related, and use other lawful means to ensure equal opportunity for all. We urge the EEOC to reinstate this rule, and we encourage employers to follow the law.”   

“Women—especially women of color—are already bearing the brunt of this Administration’s relentless attacks on their rights, economic security, and ability to support their families. From rolling back civil rights protections to dismantling programs and services that workers rely on, this Administration has made it harder for women and working families to survive. The EEOC’s rescission of decades-old affirmative action guidance is yet another attack—one that undermines equal opportunity in the workplace, creates confusion for employers committed to complying with the law, and threatens to reverse decades of progress in expanding access to employment,” said Jessica Ramey Stender, Policy Director & Deputy Legal Director at Equal Rights Advocates. “At a time when workplace discrimination remains a persistent reality, the EEOC should be strengthening enforcement of our nation’s civil rights laws, not abandoning the tools that help employers prevent discrimination before it occurs. Employers can and should continue to take lawful steps to recruit, hire, and retain diverse, qualified workforces and ensure equal opportunity for all workers. Rescinding this guidance does not change the law; it simply makes it more difficult for employers to understand how to comply with it while putting more workers and their families at risk.”

“At a time when workers are struggling to make ends meet, the EEOC should be using all the tools at its disposal to ensure everyone can access good jobs. Instead, the agency is getting rid of decades-old guidelines that help employers remove barriers to opportunity,” said Lauren Khouri, Senior Director of Workplace Equality at the National Women’s Law Center. “This is just the latest action by the EEOC to sow confusion and deter employers from taking lawful steps to ensure their workplace practices are fair and inclusive.”

“This latest rescission from the EEOC makes even clearer that it is beholden to President Trump’s vision of a re-segregated U.S. workforce. The Commission is actively attempting to reverse hard-won progress promoting equal opportunity,” said Deborah J. Vagins, Senior Vice President of Advocacy and Programs at The Leadership Conference on Civil and Human Rights. “Despite its withdrawal of decades-old affirmative action guidance, employers still must follow the law and ensure that every job seeker and employee has equal access in the workplace. At a time when people across the country are struggling to pay their bills, this EEOC should focus on how to ensure everyone – particularly those historically excluded and discriminated against in employment – can access equal opportunities, instead of sabotaging workers who already face what feel like insurmountable barriers.”

“The EEOC’s decision to rescind the guidance that employers have relied on for more than four decades sends a troubling message to both workers and employers,” said the National Urban League. “By abandoning its longstanding commitment to protecting workers from discrimination and helping employers identify and remove barriers to equal opportunity, the agency is walking away from one of its core responsibilities ensuring fair and equitable workplaces. Rescinding these protections risks reversing decades of progress and leaves workers, particularly those from historically marginalized communities, more vulnerable to discrimination and unequal treatment. Rather than strengthening workplace fairness, this decision creates uncertainty for employers and undermines efforts to foster inclusive, high-performing workplaces. At a time when our democracy, civil rights, and the rule of law face profound challenges, the National Urban League calls on employers to uphold their commitment to equal opportunity and compliance with our nation’s civil rights laws through taking lawful, proactive steps to eliminate workplace barriers, prevent discrimination, and create environments where every employee has the opportunity to thrive.”