Final rule · 2026-13637

Rescission of Guidelines on Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964, as Amended

The Equal Employment Opportunity Commission ("EEOC" or "Commission") is rescinding its regulations regarding Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964 ("Guidelines"), and removing it from the Code of Federal Regulations. The Commission is rescinding the Guidelines and removing them from the Code of Federal Regulations because the Guidelines are inconsistent with the statutory language and were not supported by Supreme Court precedent when issued; they are obsolete; they only apply to affirmative action to benefit women or minorities; and they do not take into account multiple relevant Supreme Court cases and numerous developments in the lower courts, over the past four decades since their issuance in 1979.