In what appears to be in direct response to a number of regulatory reform Executive Orders issued by President Trump over the last two years, the Equal Employment Opportunity Commission (EEOC) has begun rescinding no longer relevant sub-regulatory guidance documents. As of this writing, 19 documents have already been rescinded.
By and large, the rescinded documents have little current practical impact. For example, most of them have been superseded by statute, made obsolete by Supreme Court decisions, or rendered irrelevant by updated EEOC guidance. Worth noting, in conjunction with the EEOC’s rescission announcement, the agency has indicated that going forward any policy guidance that must be updated will go through a Commission-sanctioned drafting and approval process to include permitting public input and requiring Commission votes.
A list of the rescinded guidance documents, along with a brief explanation by the agency of why they have been rescinded, can be found on the EEOC’s website.
Members of the Center for Workplace Compliance (CWC) can read more here.