WASHINGTON — Andrea Lucas, chair of the Equal Employment Opportunity Commission, proposed rescinding the agency's "Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964" rule on May 27. Lucas, an appointee of President Donald Trump, also replaced the Strategic Enforcement Plan with a new National Enforcement Plan prioritizing investigations into workplace diversity, equity, and inclusion policies.

The EEOC implemented the affirmative action rule in the 1970s. The agency crafted the rule after gaining litigation authority in 1972 to allow employers to address prior discriminatory practices. The Supreme Court established in United Steelworkers of America v. Weber (1979) and Johnson v. Transportation Agency (1987) that employers may temporarily consider race and sex to address a manifest imbalance in their workforce.

The EEOC has filed lawsuits on behalf of white men against companies such as Coca-Cola. Coca-Cola cited the EEOC's affirmative action rule in its motion to dismiss the agency's lawsuit. The agency also opened investigations into Nike and Northwestern Mutual. The Department of Justice's Office of Legal Counsel released an opinion claiming the EEOC's affirmative action guidelines are unconstitutional. However, the Supreme Court's ruling in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College applies to higher education admissions and does not apply to Title VII employment law.

The previous Strategic Enforcement Plan was scheduled to remain in effect through 2028 and supported employer diversity, equity, inclusion, and accessibility practices. Lucas directed agency officials to compile a list of cases prioritizing investigations into diversity, equity, and inclusion-motivated race and sex discrimination. She also recorded a video soliciting workplace discrimination complaints from white men.

Jocelyn Samuels, a former EEOC commissioner, criticized the proposed rescission. Samuels said, "This proposed rescission is part of this administration's continued assault on equality for people of color and for women." She said, "It is a messaging exercise that is part of this administration's campaign to brand any form of proactive conduct on the part of employers to anticipate, preempt, and address barriers to equal employment opportunity as unlawful, race-based decision-making that disadvantages white men." Charlotte Burrows, another former EEOC chair, said, "The law is set by the statute and the Supreme Court's interpretation. The EEOC can't change that."