On January 22, 2026, the U.S. Equal Employment Opportunity Commission voted 2 to 1 to rescind its Enforcement Guidance on Harassment in the Workplace, issued during the Biden administration. The detailed resource had been relied on by employers and HR professionals to understand how federal law applies to harassment claims. The guidance has been removed from the EEOC’s website.

Background: What the 2024 Harassment Guidance Covered

The 2024 harassment guidance was a nearly 200-page document consolidating decades of EEOC harassment interpretation and incorporating legal developments, including Bostock v. Clayton County, the Supreme Court decision holding that Title VII protects employees from discrimination based on sexual orientation and gender identity. It offered real-world examples and explained how harassment based on race, sex (including sexual orientation and gender identity), religion, age, and disability could violate federal law.

Though not binding law, the guidance served as a helpful tool for employers, practitioners, and EEOC staff.

The Commission’s Rescission Vote

With a restored quorum following Commissioner Brittany Panuccio’s confirmation in late 2025, the EEOC voted to rescind the guidance. Chair Andrea Lucas and Commissioner Panuccio (both Republican appointees) voted in favor, while Commissioner Kalpana Kotagal (the lone Democrat) cast the dissenting vote.

Chair Lucas has long opposed the 2024 guidance, arguing that the agency exceeded its authority, particularly regarding provisions involving harassment on the basis of gender identity, and that the Commission lacks a legal basis to interpret Title VII beyond procedural rules. Lucas also emphasized that the EEOC still enforces anti-harassment laws and will continue pursuing claims under existing statutes despite the guidance’s rescission.

What Has Not Changed

• Federal anti-discrimination laws — including Title VII, the Age Discrimination in Employment Act, and the Americans with Disabilities Act — still prohibit workplace harassment based on protected characteristics.
   
• The standards for unlawful harassment remain grounded in statute and case law, and the EEOC continues to investigate and litigate harassment claims.
   
• Bostock remains controlling law on discrimination based on sexual orientation and gender identity. That means most employers may not discriminate against or tolerate harassment of employees because of their sexual orientation or gender identity.

Employer Takeaways

1. Handbooks and Policies: Confirm that internal anti-harassment policies reflect current law under Title VII and other statutes. Do not assume that harassment on the basis of any protected classification is no longer prohibited because the EEOC guidance was rescinded.
    
2. Training: Continue harassment-prevention and awareness training grounded in federal law and applicable state or local standards.
    
3. Consult Outside Counsel: When ambiguous or questionable conduct arises, it can be valuable to partner with outside counsel familiar with evolving case law.
    
4. Stay Informed: Monitor emerging EEOC guidance or court decisions that could clarify harassment standards moving forward.

Looking Ahead

The EEOC’s decision to rescind the 2024 harassment guidance marks a significant shift in how employers might interpret federal harassment protections. But to be clear: the law has not changed with this rescission.

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