Following through with its proposal, the U.S. Equal Employment Opportunity Commission rescinded its 1979 guidance on voluntary affirmative action. The EEOC also withdrew the portion of its compliance manual addressing affirmative action.
In its press release announcing the change, the EEOC stated,
The Commission found that the Affirmative Action Guidelines ran afoul of the text of Title VII and contradicted Supreme Court case law that has developed over the four decades since the Affirmative Action Guidelines were issued. The stated purpose of the Affirmative Action Guidelines in 1979 was to protect “employers, labor organizations, and other persons subject to Title VII [who] have changed their employment practices and systems to improve employment opportunities for minorities and women” via “race, sex, or national origin conscious ... decisions.” Yet, the Supreme Court has held Title VII of the Civil Rights Act of 1964 provides the “same protections for every ‘individual.’”
The EEOC’s sole Democratic commissioner, Kalpana Kotagal, opposed the rescissions, stating that the changes “have resulted in the loss of a valuable, and narrowly targeted, tool for employers to voluntarily remedy workplace discrimination, an approach that remains at the heart of Title VII of the Civil Rights Act of 1964."
As we previously recommended, employers with voluntary AAPs prepared in reliance on the EEOC’s guidance should review those documents to ensure compliance with existing standards and principles.
For guidance or assistance in this area, please contact a member of Constangy’s EEO/Contractor Compliance, Reporting & Analytics Practice Group.
PartnerCara co-chairs Constangy’s practice groups relating to EEO/Contractor Compliance, Reporting & Analytics, and DEI Compliance. She advises employers on proactive strategies to help avoid litigation and has defended employers ...
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