On January 22, 2026, the United States Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. Chair Andrea Lucas and Commissioner Brittany Panuccio voted in favor of rescission, while Commissioner Kalpana Kotagal dissented. The decision follows the restoration of a quorum at the agency and marks a significant shift in how the EEOC approaches interpretive guidance on workplace harassment.
Background on the 2024 Guidance
The 2024 Enforcement Guidance was issued to replace decades-old EEOC materials and provide updated clarity on unlawful harassment under federal anti-discrimination laws, including Title VII of the Civil Rights Act of 1964. It addressed harassment based on race, color, religion, sex, national origin, age, disability, and genetic information, and included more than 70 real-world examples. While non-binding, the guidance was widely relied upon by employers and frequently cited by courts as a roadmap for compliance.
One of the most controversial aspects of the guidance was its interpretation of Title VII’s prohibition on sex discrimination to include certain forms of harassment related to gender identity. Relying on the Supreme Court’s 2020 decision in Bostock v. Clayton County, the guidance identified conduct such as intentional misuse of pronouns or denial of access to restrooms consistent with gender identity as potentially unlawful harassment.
Legal Challenges and Court Action
In May 2025, the United States District Court for the Northern District of Texas vacated portions of the guidance addressing sexual orientation and gender identity, finding that the EEOC exceeded its statutory authority by expanding the definition of “sex” beyond what Title VII permits. The court emphasized that Bostock addressed termination based on sexual orientation or transgender status, but expressly did not resolve issues related to bathrooms, pronouns, or dress codes. Following the ruling, the EEOC annotated the guidance to reflect the vacated provisions, though it lacked the votes at the time to formally rescind it.
The 2026 Rescission
The January 2026 vote rescinded the 2024 Guidance in its entirety, not just the sections related to LGBTQ issues. Chair Lucas described the guidance as an “unlawful substantive rule” that strayed beyond the EEOC’s interpretive role and into policymaking reserved for Congress and the courts. Commissioner Panuccio echoed those concerns. Commissioner Kotagal dissented, arguing that the guidance reflected important legal developments and should have been revised rather than discarded wholesale.
What This Means for Employers
Importantly, the rescission does not dramatically alter federal harassment law from a legal standpoint. EEOC guidance does not have the force of law, and the repeal of this guidance does not eliminate employee rights or remedies under Title VII or other federal statutes. Courts, not the EEOC, ultimately determine whether conduct is unlawful.
Even so, the guidance had practical value for employers by signaling how the EEOC was likely to investigate and litigate harassment claims. With its rescission, employers are once again navigating a landscape shaped primarily by statutes, regulations, court decisions, and case-by-case EEOC enforcement positions, without a single, comprehensive interpretive framework.
Key Takeaways
- Federal law still prohibits unlawful harassment. The EEOC has emphasized that it will continue to enforce Title VII consistent with court precedent.
- Bostock remains binding law. Title VII prohibits discrimination based on sexual orientation and gender identity, though the precise scope of required workplace accommodations remains unsettled.
- State and local laws matter. Many jurisdictions expressly prohibit discrimination and harassment based on sexual orientation and gender identity, and those laws remain fully enforceable regardless of EEOC guidance.
- Private lawsuits remain a risk. Even if the EEOC declines to pursue a claim, employees still may bring private civil actions.
- Practical compliance still matters. Anti-harassment policies, training, prompt and thorough investigations, and consistent enforcement remain essential risk-management tools.
Bottom Line
The rescission of the EEOC’s 2024 Harassment Guidance is a notable policy shift, but not a signal for employers to relax their compliance efforts. Employers should continue to focus on maintaining respectful, harassment-free workplaces, while paying close attention to evolving federal case law and, critically, state and local legal requirements.
We will continue to monitor developments and provide updates as the EEOC clarifies its enforcement priorities or issues new guidance.
Employers should consult with experienced human resources professionals and/or labor and employment counsel with any questions regarding discrimination, harassment or any workplace matters. For all MEA members, the Hotline is available to provide this assistance. For MEA Essential and Premier members, a Member Legal Services attorney is available for additional consultation.
*This Alert is provided for general informational purposes only and does not constitute legal advice.
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