EEOC Rescinds Guidance on Workplace Harassment

On Jan. 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its Enforcement Guidance on Harassment in the Workplace. The Enforcement Guidance was most recently updated on April 29, 2024, during former President Joe Biden’s administration, to expand protections against harassment on the basis of an employee’s sexual orientation and gender identity. The rescission follows comments from EEOC Chair Andrea Lucas stating her opposition to components of the Enforcement Guidance, particularly the portions regarding protections for gender identity. 

It is important to remember that the EEOC’s rescission of the Enforcement Guidance does not alter existing law. The Supreme Court’s 2020 decision in Bostock v. Clayton County still prohibits employment discrimination based on sexual orientation and gender identity. Employers may also be subject to state or local laws that prohibit sexual orientation and gender identity harassment and discrimination.