Federal regulations require affirmative action plans to include an equal opportunity policy statement, an analysis of the current work force, identification of under-represented areas, the establishment of reasonable, flexible goals and timetables for increasing employment opportunities, specific action-oriented programs to address problem areas, support for community action programs, and the establishment of an internal audit and reporting system.

[6] In 1971, a three-judge panel of the United States Court of Appeals for the Third Circuit affirmed the validity of Executive Order 11246 in a case brought by the Contractors Association of Eastern Pennsylvania in January 1970 that challenged the Nixon administration's implementation, known as the Philadelphia Plan.

[10] In 1986, the Reagan administration was opposed to the affirmative action requirements of the executive order and contemplated modifying it to prohibit employers from using "quotas, goals, or other numerical objectives, or any scheme[,] device, or technique that discriminates against, or grants any preference to, any person on the basis of race, color, religion, sex, or national origin."

The order had prohibited federal contractors from engaging in employment discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin.

An executive order was issued alongside this initiative to mandate reforms in the federal hiring process, focusing on competency-based assessments and eliminating considerations tied to diversity, equity, and inclusion (DEI) programs.

[15] Critics argued that this approach could result in reduced workplace diversity and fail to address systemic discrimination, while proponents contended that it ensured fairness and efficiency by focusing solely on individual merit.

[18] While the Civil Rights Act provides robust anti-discrimination protections, critics of the rescission argue that the lack of affirmative action requirements could result in fewer proactive measures to address inequities in hiring and workplace diversity.