On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2 to 1 to rescind its Enforcement Guidance on Harassment in the Workplace. This is one of the first significant actions the EEOC has taken since regaining its quorum in October 2025.
What Was Rescinded
The Enforcement Guidance on Harassment in the Workplace was originally issued in April 2024 and provided a comprehensive update to the EEOC’s interpretations of federal antiharassment laws under Title VII of the Civil Rights Act of 1964 and related statutes.
The 2024 guidance consolidated and modernized prior EEOC materials, offering examples of unlawful harassment based on protected characteristics, including race, color, religion, sex (including pregnancy), national origin, age, disability, and genetic information. It also addressed modern post-COVID issues, such as remote work, and incorporated the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, which held that discrimination based on sexual orientation or gender identity constitutes sex discrimination under Title VII.
Objections to Gender Identity Protection, but Harassment Still Prohibited
The January 2026 rescission followed legal challenges, including a May 2025 federal court ruling in Texas that vacated certain portions of the guidance related to gender identity. The decision also aligned with Executive Order 14168, issued by President Donald Trump on January 20, 2025, directing federal agencies to review and rescind policies involving interpretations of sex beyond a binary framework.
EEOC Chair Andrea Lucas stated in the agency’s press release that rescinding the guidance “does not give employers license to engage in unlawful harassment.” She emphasized federal employment laws prohibiting discrimination, harassment, and retaliation, along with Supreme Court precedents, remain fully in effect. The EEOC reaffirmed its commitment to evenhanded enforcement and to preventing and remedying unlawful workplace harassment.
Takeaways
It’s important to note that the rescission doesn’t alter underlying federal statutes or Supreme Court rulings, including Bostock. Employees retain the right to file charges with the EEOC and pursue claims in court for harassment based on any protected characteristic. Rescission of the 2024 guidance, however, eliminates a key interpretive resource many employers used to develop antiharassment policies, conduct training, and guide investigations.
You should continue to maintain robust antiharassment programs, including clear policies, regular training for all employees and supervisors, prompt and thorough investigations of complaints, and appropriate corrective actions when harassment is found.
The EEOC hasn’t announced plans to issue replacement guidance, but we’re continuing to monitor developments from the EEOC and other relevant authorities for any updates. We encourage you to consult with us directly for tailored guidance on maintaining compliance with federal antidiscrimination obligations in light of this change.
Mckenzy Smith is an attorney with Burr & Forman LLP and can be reached at 205-458-5149 or mcsmith@burr.com.