Have the EEOC disclaim its rulemaking pretensions
What the document says“EEOC should disclaim its regulatory pretensions.”
The chapter states the commission has no rulemaking authority under Title VII yet issues guidance and technical assistance that push new policy positions. It asks that the commission act by majority vote of Commissioners rather than by unilateral Chair action or staff delegation, disclaim power to enter consent decrees requiring what it could not require by law, and reorient enforcement toward failure to accommodate disability, religion and pregnancy, but not abortion.
What the document actually says“EEOC should disclaim its regulatory pretensions.”
The EEOC should stop acting as if it can write rules.
The EEOC enforces job discrimination law. The book says it cannot write rules. It says the agency acts as though it can.
Rescission of Guidelines on Affirmative Action Appropriate Under Title VII of the Civil Rights Act of 1964, as Amended
2026-07-06 · 91 FR 40879
The EEOC rescinded its 1979 Guidelines on Affirmative Action under Title VII and removed them from 29 CFR part 1608 on July 6, 2026, stating that the Guidelines were inconsistent with the statutory language and unsupported by Supreme Court precedent when issued. That is the commission withdrawing a Title VII regulation of the kind the chapter says it had no authority to issue. The fit breaks down because it drops one set of guidelines rather than disclaiming a regulatory role, and it does not reach the chapter's other asks: acting by majority vote of Commissioners rather than by the Chair or by delegation to staff, giving up consent decrees that require what the law does not, or reorienting enforcement.
On July 6, 2026 the job rights board dropped its 1979 affirmative action guidelines. It said they never matched the words of the law. That is the board pulling back a rule the chapter says it could not issue. But it drops one set of guidelines, not its rule making role, and the other asks go unmet.