Employers should monitor a new Equal Employment Opportunity Commission (EEOC) proposal aimed at reinforcing merit-based hiring and equal treatment in the workplace. The proposal, submitted to the White House on May 27, would rescind a 1979 EEOC rule that has allowed some employers to cite voluntary affirmative action plans as a legal defense under Title VII.

The proposal reflects a broader federal push to ensure hiring, promotion, compensation and other employment decisions are based on job-related criteria and clear documentation, not unlawful preferences based on protected characteristics. Federal contractor obligations related to veterans and individuals with disabilities remain separate and should continue to be followed.

“Equal opportunity should mean exactly that,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “The EEOC’s proposal would help reinforce a basic workplace principle that employment decisions should be based on merit, performance and job-related criteria, not protected characteristics. That clarity matters for employers and employees alike.” 6/3/2026