EEOC to Replace Order Requiring Agency Affirmative Action Plans

The EEOC will change its decades-old requirements that federal agencies provide information about their workforce demographics and submit affirmative action plans to comply with President Donald Trump’s anti-DEI executive orders.

The Equal Employment Opportunity Commission on Thursday issued clarifying instructions for this year’s submission of Management Directive 715 that allows agencies leeway to limit responses that could conflict with Trump’s orders as the agency considers a replacement to the required reporting on workers’ race, sex, and ethnicity.

The shift follows backlash to the reporting raised by Consumer Financial Protection Bureau acting Director Russell Vought, who is also director of the White House Office of Management and Budget.

“Today’s action ensures agencies can meet their MD‑715 obligations without creating legal or policy conflicts as we work toward a modernized directive,” EEOC Chair Andrea Lucas said in the announcement.

MD-715, issued in 2003, also requires agencies to submit EEO programs that, in part, show a proactive prevention of discrimination.

The clarifying instructions for 2026’s MD-715 tell agencies they aren’t required to address “diversity and inclusion” principles, “barrier analysis,” “triggers,” or “gender identity.” The instructions also state that agencies may choose to omit responses where the agency concludes that the question or compliance measure raises legal or policy concerns, including conflicting with Trump’s orders.

Democratic Commissioner Kalpana Kotagal said she voted against the additional instructions, stating it effectively repeals core requirements of the directive.

“The ‘clarifying instructions’ also represent the abdication of the Commission’s oversight responsibilities, delegating authority to federal agencies to pick and choose whether they want to comply with any or all of the Directive’s other reporting requirements,” she said in a LinkedIn post.

Commissioner’s were scheduled to consider additional instructions to MD715 Thursday during an open meeting, but the meeting which was canceled.