EEOC Rescinds 2024 Harassment Guidance: What Employers Need To Know

On January 22, 2026, the U.S. Equal Employment Opportunity Commission voted 2-1 to rescind its comprehensive 2024 Enforcement Guidance on Harassment in the Workplace. The rescission eliminates the agency's most detailed framework for preventing workplace harassment in over two decades, creating uncertainty for employers, particularly regarding sexual orientation and gender identity protections.

What Was Rescinded

The EEOC's 2024 Guidance, issued after receiving more than 37,000 public comments, provided nearly 200 pages of instruction on recognizing and preventing harassment based on protected characteristics. It included over 70 practical examples and incorporated the Supreme Court's Bostock v. Clayton County decision, which held that Title VII prohibits discrimination based on sexual orientation and gender identity.

The guidance specifically addressed conduct that could constitute unlawful harassment based on gender identity, including repeated and intentional misgendering, denial of bathroom access consistent with gender identity, and harassment related to gender stereotypes.

What the Rescission Changes (and Doesn't Change)

What Remains Unchanged:

• The rescission does not alter underlying federal law. Title VII and other anti-discrimination statutes remain in force. The Supreme Court's Bostock decision that Title VII prohibits discrimination based on sexual orientation and gender identity continues as binding precedent.
• State and local fair employment practice laws remain fully enforceable and may provide broader protections than federal law.
• Employers remain legally obligated to maintain harassment-free workplaces and respond promptly to complaints.

What Has Changed:

• Employers lose detailed interpretive guidance and concrete examples they relied upon for compliance.
• The EEOC's enforcement approach may shift, creating uncertainty about how the agency will evaluate harassment policies and practices.
• All provisions addressing gender identity-based harassment, including those on pronouns and bathroom access, have been eliminated from official guidance.

Practical Implications for Employers

Without comprehensive federal guidance, employers face a patchwork of federal court interpretations and varying state and local requirements, particularly for multi-state operations.

Pronoun Usage: While EEOC guidance on misgendering has been eliminated, hostile conduct targeting gender identity may still constitute sex-based harassment under Title VII as interpreted by federal courts. State and local laws may also require accommodation.

Restroom and Facility Access: Employers must navigate this through Title VII principles, court decisions, privacy considerations, and state/local laws. The analysis varies based on facility design, employee concerns, and regulatory requirements.

Religious Accommodation: Employers must balance competing rights carefully when religious beliefs conflict with gender identity policies, documenting the interactive process and considering reasonable accommodations.

Investigation and Documentation: Maintain rigorous procedures for all harassment complaints—respond promptly, conduct fair investigations, document thoroughly, and apply remedial measures consistently.

Key Recommendations for Employers

1. Maintain robust anti-harassment programs with comprehensive policies, training, and investigation procedures;
2. Understand applicable laws in each jurisdiction where you operate;
3. Document decisions and actions regarding policies, training, complaints, and remedial measures;
4. Focus on conduct rather than labels—assess whether behavior is severe or pervasive enough to create a hostile work environment;
5. Seek legal counsel for complex situations involving gender identity, religious accommodations, or competing rights; and
6. Communicate commitment to maintaining a harassment-free workplace and investigating all complaints thoroughly

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.