On May 27, 2026, the Equal Employment Opportunity Commission (EEOC) submitted a proposal to the Office of Information and Regulatory Affairs (OIRA) to rescind its 1979 rule on employers’ voluntary affirmative action plans under Title VII. Given the current administration’s anti-DEI stance, the move is not entirely surprising; review by the OIRA would be followed by publication in the Federal Register for a 60-day comment period. Rescission would not amend Title VII, nor would it eliminate employers’ obligations under other federal, state or local requirements; however, it would remove employers’ ability to rely on the voluntary guidelines in Title VII matters, such as race-, sex- or gender-conscious employment decisions, including as a litigation defense.