The U.S. Equal Employment Opportunity Commission (EEOC) released its plans for revising, rescinding, and enacting regulations for the coming year, and the list is significant.
Specifically, the EEOC identified ten actions it intends to pursue, including regulatory proposals to rescind the Uniform Guidelines on Employee Selection Procedures (UGESP), eliminate the annual EEO-1 report, and withdraw long-standing interpretive guidance on affirmative action and national origin discrimination. The EEOC’s regulatory agenda, as released in its latest submission in the federal Unified Agenda of Federal Regulatory and Deregulatory Actions, is a statement of the agency’s intent, but is not a change in existing law.
Quick Hits
- The regulatory agenda released signals the agency’s intent. These are planned actions at the proposed or final stage. The first, the rescission of the 1979 affirmative action guidelines, occurred on July 6, 2026, via a final interpretive rule published in the Federal Register, but most of the agenda, including the more consequential proposals for employers, has not been issued, and several items must still go through notice and comment before they take effect.
- Title VII remains unchanged. Every rescission on the EEOC’s regulatory agenda withdraws an agency guideline or report. Title VII, including its disparate-impact framework, remains in force and enforceable by private plaintiffs and state agencies.
- Rescinding the Uniform Guidelines removes the employer’s...
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