The Equal Employment Opportunity Commission has asked OMB to approve a measure that would rescind the agency’s 1979 guidance on when Title VII permits voluntary affirmative action. The guidance, codified at 29 CFR Part 1608, outlines when employers may adopt voluntary affirmative action plans for women and minorities.
Most employers that adopted affirmative action plans for women and minorities did so to comply with Executive Order 11246 or state or local requirements rather than because of Part 1608, so the immediate practical effect of this rescission may be limited. However, the move is notable as another sign that the EEOC is pursuing a markedly different agenda from administrations of either party over the last 40 years.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.