BREAKING: EEOC Rescinds Anti-Harassment Guidance – What It Means for Employers

Yesterday, the Equal Employment Opportunity Commission took a significant step when it voted two-to-one to rescind the comprehensive anti-harassment guidance that had been finalized in April 2024. The guidance, which updated the agency’s approach to workplace harassment for the first time in twenty-five years, was eliminated by the commission’s new Republican majority without a public notice and comment period. For employers in Connecticut and Massachusetts in particular, while this development may seem unsettling, the underlying laws have not changed and state law protections remain firmly in place.

What Happened at the EEOC

The EEOC meeting on Thursday proved contentious. EEOC Chair Andrea Lucas and Commissioner Brittany Panuccio voted to rescind the one-hundred-ninety page document, citing President Trump’s executive order that declared there are two immutable sexes as one reason for the revocation. Commissioner Kalpana Kotagal, the lone Democrat, voted against the measure and moved to postpone the vote until there was an opportunity for public input. Neither Republican commissioner supported her motion.

The rescinded guidance had been developed through a lengthy process that received more than thirty-eight thousand public comments. It included real-world examples of workplace harassment, addressed emerging concerns such as online harassment, and outlined best practices for employers. Notably, it incorporated the Supreme Court’s 2020 decision in Bostock v. Clayton County, which held that Title VII prohibits discrimination on the basis of gender identity and sexual orientation.

The Guidance’s Removal Does Not Change Underlying Law

This is perhaps the most critical point for employers to understand. The rescission of the guidance document does not alter Title VII of the Civil Rights Act of 1964 or any other federal anti-discrimination statute.

However, the practical impact is real. Guidance documents are increasingly used to provide some predictability. For employers, this guidance provided examples and interpretations that help companies understand how the agency or courts might rule on particular issues. When a guidance document is rescinded, employers lose that authoritative framework. The examples that were once cited as illustrations of unlawful harassment no longer carry the weight of agency endorsement. This creates uncertainty, even when the statute itself remains unchanged.

State Laws Have Not Changed

For employers in Connecticut and Massachusetts, this is where the analysis truly matters. Connecticut, for example, has long been ahead of federal law in protecting employees from discrimination, and that remains true today. Gender identity and expression have been protected classes under Connecticut law since 2011 when the General Assembly passed House Bill 6599. That law defines gender identity or expression as “a person’s gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person’s physiology or assigned sex at birth.”

Connecticut also prohibits discrimination on the basis of sexual orientation and has for decades. These protections exist independently of federal law and remain fully enforceable through the Connecticut Commission on Human Rights and Opportunities.

What does this mean in practical terms? An employer in Massachusetts and Connecticut cannot suddenly decide to misgender employees or deny them restroom access consistent with their gender identity simply because the EEOC’s guidance has been rescinded. Various state laws still prohibit such conduct. The state’s protections are not dependent on whatever the federal government chooses to do at any given moment.

What Employers Should Do Now

Perhaps there are a few employers who view this as a reprieve; my own perspective is that’s a mistaken belief. Anti-harassment training still remains essential.

Employers should also resist the urge to treat this as a signal that harassment enforcement is diminishing. Sexual harassment claims have been increasing, and the EEOC itself acknowledged receiving over thirty-five thousand harassment complaints in fiscal year 2024. The plaintiffs’ bar is not going anywhere, and neither are the employment discrimination laws that have protected workers for decades.

Smart employers will continue to maintain robust anti-harassment policies, conduct thorough investigations when complaints arise, and treat employees with dignity and respect. These practices were sound before the guidance was issued, remained sound while it was in effect, and continue to be sound now that it has been rescinded.

The Bigger Picture

This development fits into a broader pattern we have seen since the start of the second Trump administration.

For employers, the message is consistent with what I have been saying throughout this administration’s second term. Federal employment laws have not changed. State laws have not changed. Employers still need to comply with those laws or risk lawsuits from employees. The enforcement landscape may be shifting at the federal level, but the legal obligations remain.

In uncertain times, the best course of action is often the simplest one. Treat employees fairly. Investigate complaints promptly. Train your managers. Follow the law. That approach worked before this guidance was rescinded, and it will continue to work now.