EEOC Rescinds 2024 Workplace Harassment Guidance
On January 23rd, 2026, the Equal Employment Opportunity Commission (EEOC) announced the official rescission of a 2024 workplace harassment guidance. In doing so, the agency emphasizes that unlawful harassment is still prohibited. In this article, our New Jersey employment lawyer provides a more detailed overview of the rescission of the 2024 workplace harassment guidance.
Background: An Overview of the 2024 Workplace Harassment Guidance
On April 29th, 2024, the EEOC finalized a comprehensive “Enforcement Guidance on Harassment in the Workplace” That was the agency’s first major update on this specific issue in decades. The nearly 200-page document consolidated prior EEOC positions and sought to interpret harassment under Title VII of the Civil Rights Act of 1964, including conduct based on sex, race, religion, disability, age, and historically under-enforced categories such as sexual orientation and gender identity. It incorporated examples and explanations reflecting recent developments, including the U.S. Supreme Court’s decision in Bostock v. Clayton County. That case held that Title VII’s prohibition on discrimination “because of sex” covers sexual orientation and gender identity inherently. The guidance also covered some issues raised by the #MeToo movement.
The Guidance has Been Rescinded By the EEOC (2 to 1 Vote)
With the Trump Administration in power, the EEOC has moved to rescind its 2024 workplace harassment guidance. Chair Andrea Lucas and Commissioner Brittany Panuccio voted in favor of rescission. Commissioner Kalpana Kotagal dissented. The rescission took effect immediately, and the guidance was removed from the EEOC’s website. It is no longer a valid EEOC document.
Understanding the Legal and Political Drivers of the Rescission
The EEOC majority justified rescinding the guidance on several bases. First, the commissioners pointed to a Texas federal court decision that held parts of the guidance (most notably those interpreting harassment to include denial of restroom access based on gender identity and intentional misgendering) exceeded the agency’s statutory authority under Title VII. The court concluded that the EEOC’s expansive interpretation of “sex” in that context contravened the plain text of the statute. Second, President Donald Trump’s Executive Order 14168 directed federal agencies to withdraw policies seen as promoting “gender ideology” and to interpret “sex” as a biological binary. Indeed, Chair Lucas explicitly cited these considerations in supporting the rescission.
EEOC Guidance is Important, but Non-Binding
The rescission does not change the underlying statutory law. Title VII itself, as interpreted by the Supreme Court and federal appellate decisions, still prohibits discrimination and harassment based on sex, race, religion, disability, national origin, and other protected characteristics. State and local civil rights laws also remain in force and may offer broader protections than federal law. Because the guidance was not a binding regulation, its removal does not directly alter employee rights or employer obligations.
Speak to Our New Jersey Employment Lawyer Today
At Poulos LoPiccolo PC, our New Jersey employment attorney has the knowledge, skills, and experience that you can rely on. If you have any questions or concerns about workplace harassment laws, please do not hesitate to contact us today for a completely confidential case review. We provide employment law representation throughout all of New Jersey.
Source:
eeoc.gov/newsroom/eeoc-commission-votes-rescind-2024-harassment-guidance
