On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its 2024 workplace harassment guidance. The guidance had outlined the agency’s interpretation of what constitutes unlawful workplace harassment under federal law and provided examples related to protected characteristics such as age, race, sex, religion, and disability.
The decision removes the 2024 guidance from EEOC resources but does not change the underlying federal anti-discrimination laws.
Title VII of the Civil Rights Act of 1964 remains in effect and continues to prohibit discrimination based on race, color, religion, sex, and national origin.
Background on the 2024 EEOC Harassment Guidance
The 2024 EEOC harassment guidance was issued to clarify employers’ obligations under federal anti-discrimination statutes, including Title VII. It incorporated developments in case law, including 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.
The guidance included examples of conduct the EEOC considered unlawful harassment. Among the more widely discussed examples were:
- The intentional and repeated use of a name or pronoun inconsistent with an employee’s gender identity
- Denial of bathroom access consistent with an employee’s gender identity
At the time the guidance was adopted, then-Commissioner Andrea Lucas voted against it. Chair Lucas has previously expressed the view that while Bostock prohibits discrimination based on sexual orientation and gender identity, it does not necessarily extend to all conduct described in the 2024 guidance.
In May 2025, a federal district court in Texas struck down portions of the 2024 guidance addressing misgendering, finding that the EEOC exceeded its authority under Title VII in that section.
What the Rescission Means
The EEOC’s vote rescinds the 2024 guidance in its entirety. The vote was conducted without a notice-and-comment period.
Following the vote, Chair Lucas stated that rescinding the guidance “does not give employers license to engage in unlawful harassment,” and affirmed that the EEOC will continue enforcing federal workplace anti-harassment protections.
Importantly:
- Title VII and other federal anti-discrimination laws remain in effect.
- The Bostock decision remains binding law.
- Employers are still prohibited from discrimination and harassment based on protected characteristics.
- Courts, not agency guidance, ultimately determine how laws are interpreted.
Impact on Employers and HR Professionals
While the rescission removes one layer of agency interpretation, it does not eliminate employer liability exposure. Employers remain subject to harassment claims under federal law, as well as state and local anti-discrimination statutes.
According to the EEOC’s most recent enforcement data, retaliation and harassment claims continue to represent a significant portion of charges filed each year.
Policy Review and Alignment
Organizations should review anti-harassment and equal employment opportunity (EEO) policies to ensure alignment with:
- Title VII requirements
- Applicable state and local laws
- Current federal court interpretations
Many states and municipalities explicitly codify protections for sexual orientation and gender identity, which may extend beyond federal minimum standards.
Training, Documentation, and Complaint Response
Training remains a critical risk mitigation strategy. Courts routinely evaluate whether employers took prompt and appropriate corrective action when complaints were raised.
- HR teams should continue to:
- Provide regular anti-harassment training
- Maintain clear reporting channels
- Document investigations and outcomes
- Apply policies consistently across protected categories
The absence of the 2024 guidance does not reduce the importance of consistent enforcement practices.
Monitoring Legal Developments
Interpretations of Bostock and Title VII continue to evolve through federal litigation. Employers should monitor:
- Future EEOC guidance or rulemaking
- Appellate court decisions interpreting harassment standards
- State-level legislative changes
Consulting legal counsel before making significant policy changes may help mitigate compliance risk.
Employer Compliance Considerations
Although the EEOC harassment guidance has been withdrawn, federal anti-discrimination protections remain fully enforceable. Employers should continue maintaining clear, well-communicated anti-harassment policies and ensure consistent training, documentation, and response procedures. Organizations must also remain mindful that state and local laws may impose broader obligations than federal law.
As regulatory interpretations evolve, proactive compliance practices and a focus on respectful workplace standards remain essential to reducing legal risk and supporting workforce stability.
Need Support Navigating Workplace Compliance?
Regulatory changes and evolving court interpretations can make it challenging for employers to keep workplace policies aligned with current law. Reviewing harassment policies, updating training materials, and ensuring consistent documentation practices all require time and expertise.
Inova’s HR Assist outsourcing services help employers stay proactive by providing guidance on policy review, employee handbook updates, compliance best practices, and day-to-day HR support. As workplace regulations continue to evolve, having experienced HR support can help reduce risk and support consistent workplace standards.
