EEOC Rescinds Harassment Guidance, Creating New Uncertainty and Risks for Employers

On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. The decision revokes a comprehensive, 190‑page document that consolidated decades of case law and provided employers with detailed direction on identifying, preventing, and responding to unlawful harassment.

The rescinded guidance clarified the federal government’s view on prohibited harassment across all protected characteristics, including race, national origin, religion, sex, pregnancy, disability, and age. It also incorporated the Supreme Court’s 2020 decision in Bostock v. Clayton County, explaining how harassment based on sexual orientation or gender identity can violate Title VII. The document offered hundreds of examples, hypotheticals, and citations illustrating how courts and the EEOC evaluate workplace conduct.

EEOC Chair Andrea Lucas justified the move by arguing that the rescinded guidance constituted unauthorized policymaking and exceeded the Commission’s statutory authority. However, the full repeal denies employers a centralized reference point that had served as a practical guide on these issues for corporate decisionmakers, HR teams, and in‑house counsel. The current EEOC seems unlikely to restore this resource, leaving employers to grapple with the implications.

What Does Revocation of the Guidance Mean for Employers?

The EEOC is the mandatory first stop for most discrimination claims against private employers: individuals must file a Charge of Discrimination before they can file a private lawsuit for most types of discrimination. The EEOC is also empowered to investigate employers, mediate and settle cases, and bring lawsuits it deems to be in the public interest on behalf of individuals or groups of employees.

While the rescission of the Enforcement Guidance does not alter the scope of the law, change Title VII, or overturn Supreme Court precedent, it does mark a meaningful shift in the federal enforcement landscape. The change may also signal that further developments in this area are forthcoming. In response, states and localities may feel pressure to heighten their own enforcement efforts and scrutiny.

It’s reasonable to expect:

1. Reduced EEOC enforcement activity in the near term, particularly related to protections against harassment and discrimination on the basis of gender identity and sexual orientation, which was a key focus of the 2024 Guidance.
2. Greater reliance on private action through the courts to interpret and clarify evolving harassment standards.
3. Increased importance of state and local employment laws and requirements, which may impose stricter obligations than federal law.

What Should Employers Do?

1. Review and reaffirm anti-harassment policies to ensure they address all protected characteristics recognized under federal, state, and local law. While the EEOC may be signaling a change of focus and emphasis, the underlying law has not fundamentally changed.
2. Understand which state and local requirements are applicable to your business, including where requirements are more stringent compared to the federal standard. Shifts at the EEOC may spur changes in enforcement at the state and local level that could impact your business.
3. Maintain robust reporting, investigation, and training processes, which will remain critical to compliance, and litigation risk management.
4. Monitor forthcoming developments. The repeal of the 2024 Guidance is unlikely to be the end of the EEOC’s evolving enforcement posture.

Although the legal standards remain unchanged, the enforcement landscape is entering a period of transition. Proactive monitoring and thoughtful compliance planning will help employers navigate the uncertainty ahead.

If you have questions about what these changes may mean for you and your workforce, please don’t hesitate to contact Ward & Berry. We are here to help.