Brief Overview

On January 22, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted to rescind its Enforcement Guidance on Harassment in the Workplace (“2024 Guidance”). The rescission is effective immediately, but it does not change federal anti-harassment law or state harassment protections.

The 2024 Guidance

The 2024 Guidance was designed to provide a comprehensive analysis of anti-discrimination laws, clarify standards for unlawful harassment, define employer liability, and address modern issues like digital conduct. In addition to addressing harassment based on race, color, religion, sex, national origin, age, disability, and genetic information, the 2024 Guidance provided more than 70 examples of potentially unlawful conduct. 

The 2024 Guidance was criticized by some for its interpretation of 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. Based on Bostock, the 2024 Guidance included examples of discrimination relating to the intentional misuse of pronouns and denial of access to bathrooms consistent with gender identity.

Vacated Sections of the 2024 Guidance

In May 2025, the U.S. District Court for the Northern District of Texas vacated portions of the 2024 Guidance, concluding that the EEOC exceeded its statutory authority by expanding the definition of “sex” beyond the text of the law.

EEOC Rescission Rationale

In a 2–1 vote along party lines, the EEOC rescinded the 2024 Guidance, with the majority reasoning that the agency lacks authority to interpret Title VII in a manner that effectively creates substantive rules – a power reserved to Congress and the courts. The dissenting commissioner argued that the 2024 Guidance captured key legal developments and served as a practical resource for employers and employees.

Practical Impact on Employers

The 2024 Guidance was interpretive rather than binding, meaning its withdrawal has limited practical effect on employers’ everyday practices.  Federal law continues to prohibit discrimination based on sex (including sexual orientation and gender identity) and state and local laws frequently impose parallel or broader obligations.

Employers should continue to follow all applicable federal, state, and local laws, make decisions based on objective job-related factors, and provide equal opportunities to all employees.