On January 22, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC” or the “Agency”) voted 2-1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace (the “Guidance”). See here. The decision, which was largely anticipated, came only three months after the Agency regained a quorum on October 7, 2025, restoring its decision-making authority.
Importantly for employers, while the EEOC’s recission of its prior guidance eliminates a comprehensive framework that consolidated decades of EEOC positions, it does not change court precedent. Based on Title VII and the Supreme Court’s decision in Bostock v. Clayton County (2020), it is still unlawful to discriminate based on sexual orientation and gender identity. That said, the EEOC’s decision signals a recalibration of how the EEOC intends to approach harassment enforcement at an agency level going forward—one that places greater emphasis on statutory text and judicial precedent rather than agency‑driven interpretations.
The 2024 Biden-Era Guidance and the Current Administration
The Guidance was issued in 2024 during the Biden administration and had been the Agency’s first major overhaul of harassment standards in more than 20 years. Among other things, the Guidance addressed harassment across a wide range of protected categories, including sex, race, color, pregnancy, disability, sexual orientation, and gender identity, summarized existing hostile work environment principles, and even provided scenarios and examples of potential workplace harassment.
The rescission follows the May 2025 federal court decision in Texas, et al. v. EEOC that vacated portions of the Guidance relating to pronouns, bathrooms and dress codes, finding that the EEOC had exceeded its authority by expanding the definition of “sex” beyond a biological framework. See Texas, et al. v. EEOC, 2:24-CV-173 (N.D. Tex. May 15, 2025); see also here. After that ruling, the EEOC added disclaimers to the Guidance but left the remainder intact until it regained a quorum on October 7, 2025. With a quorum restored, shortly thereafter the EEOC opted to rescind the Guidance in full rather than revise it.
The EEOC has since taken the position that the Guidance was inconsistent with federal civil rights law. The rescission also appears to align with broader internal changes at the Agency, including a shift away from policy driven expansions of harassment protections and toward enforcement grounded more narrowly in statutory text and judicial decisions.
Harassment in the Workplace Is Still Unlawful
Despite the rescission, the law remains the same. As EEOC Chair Andrea Lucas stated, “Rescinding this [G]uidance does not give employers license to engage in unlawful harassment.” See here. Title VII continues to prohibit discrimination and harassment based on protected characteristics, and courts—not the EEOC—will ultimately determine the scope of liability.
What Employers Need to Know Now
For employers, the rescission means less federal guidance but does not reduce potential legal risk. Employers should be aware of the following:
- Title VII remains unchanged, and courts continue to shape harassment standards. Many jurisdictions (including California, Illinois, New York, and other states and local jurisdictions) maintain robust anti harassment requirements that exceed federal standards. These remain fully enforceable under applicable law.
- Employers should continue to maintain clear anti harassment policies, conduct regular training and ensure managers understand their responsibilities.
- Even if the EEOC takes a narrower enforcement approach, employees may still bring private lawsuits, and courts may continue to interpret harassment protections broadly.
- Employers should review their harassment policies, update training materials and ensure practices align with applicable law.
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