On June 26, the Commission announced a July 1, 2026, meeting to consider the rescission, but it cancelled that meeting after making the decision by notation vote instead.
Over the holiday, the EEOC announced that it had voted, by notation, to rescind its decades-old affirmative action interpretive guidelines and related compliance manual, concluding that they “ran afoul of” Title VII and Supreme Court case law. The Commission also voted to rescind the related Compliance Manual Section 607—Affirmative Action. The final interpretive rule rescinding the Guidelines on Affirmative Action Appropriate Under Title VII (29 C.F.R. Part 1608) was published in today’s Federal Register. The final rule is effective today, July 6, 2026.
Notation vote, sans open meeting. The EEOC’s decision, made on June 29, 2026, came only three days after it published an announcement in the Federal Register that it would be holding an open meeting on July 1, to consider these rescissions, as well as its Strategic Plan for FY 2026-2030. In today’s Federal Register, however, it announced that the meeting was cancelled because the “matters to be considered were decided by the Commissioners by notation vote pursuant to Commission voting procedures. Thus, the meeting became unnecessary.”
“Founder’s vision.” In a press release issued regarding the decision, EEOC Chair Andrea Lucas claimed, “The Commission’s rescission of the Affirmative Action Guidelines is consistent with the text of Title VII and Supreme...
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