The U.S. Equal Employment Opportunity Commission (“EEOC”) announced today that it is rescinding its interpretive guidelines regarding affirmative action under Title VII and the affirmative action section of its compliance manual.
These guidelines had been in effect for approximately 40 years. The EEOC press release states that while the original purpose of the guidelines was to protect employers and others who changed their employment practices and systems to improve employment opportunities for minorities and women through race/sex/national origin-conscious decisions, the Supreme Court has held that Title VII provides the “same protections for every individual.” Therefore, per the EEOC, the affirmative action guidelines violate the text of Title VII and are contradicted by Supreme Court case law.
Employers with active affirmative action plans are advised to review their plans in light of this action by the EEOC.