EEOC Chair Andrea Lucas Moves to Repeal Longstanding Affirmative Action Rule, Shifts Agency Toward Targeting DEI Policies

On May 27, 2026, EEOC Chair Andrea Lucas, a Trump appointee, announced a proposal to rescind the agency’s “Affirmative Action Appropriate Under Title VII” rule and replace the Strategic Enforcement Plan with a National Enforcement Plan that prioritizes enforcement against DEI policies. The agency has already filed lawsuits on behalf of white men at the New York Times and Coca-Cola, and opened investigations into Nike and Northwestern Mutual.

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The rule, adopted after the EEOC gained litigation authority in 1972, allows race-considerate hiring only when prior discrimination is proven. Supreme Court cases *United Steelworkers v. Weber* (1979) and *Johnson v. Transportation Agency* (1987) upheld limited affirmative action under Title VII, while the 2023 *Students for Fair Admissions* decision addressed college admissions, not employment.

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Andrea Lucas leads the effort; former commissioners Jocelyn Samuels and Charlotte Burrows publicly oppose it; the Department of Justice’s Office of Legal Counsel issued an opinion deeming the rule potentially unconstitutional.

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The affirmative-action rule is about 50 years old (1972-2026). Lucas’s proposal was filed May 27, 2026. The prior Strategic Enforcement Plan was set through 2028.

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Repealing the rule could eliminate a defense for employers using race-neutral hiring, increasing lawsuits by male plaintiffs. Enforcement may deter DEI programs, targeting “unlawful DEI-motivated race and sex discrimination.”

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Former commissioner Samuels argued the rescission threatens racial and gender equality. Burrows emphasized that the EEOC’s authority is limited to what Congress and the Supreme Court have established. The Office of Legal Counsel issued an opinion that the agency’s guidelines may exceed constitutional bounds. The EEOC declined to comment when approached.

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Samuels said the move seeks to remove a legal defense and frames DEI as “race-based decision-making that disadvantages white men.” Burrows warned the proposal conflicts with established Supreme Court precedent permitting narrowly tailored affirmative action.

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The EEOC has not issued an official response, leaving its final position unknown. Sources differ on whether the *Students for Fair Admissions* ruling applies to employment, a point not clarified in agency statements.

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• “This proposed rescission is part of this administration’s continued assault on equality for people of color and for women,” — Jocelyn Samuels, former EEOC commissioner

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• “solicitude for the fortunes of white men.” — Jocelyn Samuels, former EEOC commissioner

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• “The law is set by the statute and the Supreme Court’s interpretation.” — Charlotte Burrows, senior affiliated research scholar, NYU School of Law, former EEOC chair

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• “rooting out unlawful DEI-motivated race and sex discrimination,” — Andrea Lucas, EEOC chair (directive phrase)

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The EEOC has not issued a response to Lucas’s proposal, leaving its final status uncertain. Lucas’s video soliciting complaints from white men suggests the agency will continue to prioritize such cases, though no further actions have been announced.

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