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Equal Employment Opportunity Commission Doc #2026-13637

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

Full Text
Published
July 06, 2026
Summary

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.

Constitutional Analysis
Equal Protection Clause – Title VII of the Civil Rights Act of 1964 restricts 80% confidence

The rescission of the Guidelines may limit affirmative action measures that benefit women and minorities, potentially affecting equal protection under the law.

Case Law: Grutter v. Bollinger (2003) Fisher v. University of Texas (2016)
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