The Equal Employment Opportunity Commission (EEOC) enforces federal workplace discrimination laws. It formerly issued “guidance” to help motivated employers design a voluntary affirmative action plan that are more likely to withstand a challenge of (reverse) discrimination.
The agency concluded that the guidance no longer reflects legislative changes to Title VII or recent Supreme Court precedent. This doesn’t end the story, however, as existing Supreme Court decisions still allow some plans. Employers wanting to develop an affirmative action plan should work with employment law counsel. We can help.