EEOC Rescinds Guidance on Workplace Harassment: Employee Safeguards Remain

On January 22, 2026, the U.S. Equal Employment Opportunity Commission voted 2-1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace effective immediately.  The recission comes as no surprise, as Chair Andrea Lucas of the EEOC signaled her opposition to portions of the guidance almost a year ago.  Although the development is technically a shift in the EEOC’s approach to investigations of workplace harassment guidance, it does not alter any underlying federal anti-harassment laws, nor does it affect employers’ obligations under any state civil rights laws that prohibit workplace harassment. Employees may still pursue court claims for harassment in violation of Title VII and pursuant to state law. 

History of the 2024 Enforcement Guidance on Harassment in the Workplace

The 2024 Guidance endeavored to address modern workplace challenges such as digital harassment and discussed workplace protections based on sexual orientation and gender identity.  Specifically, the 2024 Guidance took the position that harassing conduct under Title VII included “denial of access to a bathroom or other sex-segregated facility consistent with an individual’s gender identity” and “repeated and intentional use of a name or pronoun inconsistent with an individual’s known gender identity.”  

Portions of the 2024 Guidance had already been vacated by a Texas federal court in May 2025, which held that the EEOC’s expansion of the definition of “sex” was contrary to law. The court ordered that the sections of the guidance relating to sexual orientation and gender identity be vacated nationwide. Following that decision, the EEOC labeled and shaded the vacated portions of the guidance on its website.

Recission of the Guidance Has Little Impact on Northeast Employers

Despite the EEOC’s indication that it will not take action based on claims of workplace harassment deemed protected by the rescinded guidance, employers should understand that this decision does not alter their legal obligations to provide a harassment-free workplace.  EEOC guidance, unlike a statute or regulation, is not binding on courts.  Federal law – including interpretations of that law by the U.S. Supreme Court, such as Bostock v. Clayton County –remains unchanged.  This means that unless Bostock is reversed, discrimination based on sexual orientation and gender identity continues to be prohibited under Title VII.  And in any event, state anti-harassment laws remain in effect. 

Employers operating in states with robust civil rights laws should remember that employer obligations to protect employees from harassment remain, and employers should continue to maintain strong anti-harassment policies and training programs regardless of the EEOC’s recent actions.  Many states, including Connecticut, Massachusetts, and New York, explicitly prohibit employment discrimination and harassment based on sexual orientation and gender identity.

If you have questions about how the EEOC’s rescission of its harassment guidance affects your organization, or if you need assistance reviewing or updating your workplace policies and training programs, please contact a member of our Employment and Labor practice group.