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, which addressed employers’ obligations to prevent and respond to workplace harassment and discrimination, including conduct affecting transgender employees and other protected groups.
The 2024 Enforcement Guidance, which had passed after a 3-2 vote, had been the subject of litigation, and in May 2025 a federal court in Texas vacated portions of the 2024 Guidance finding its definition of “sex” exceeded the statutory authority of Title VII. See Texas v. EEOC (May 15, 2025).
In voting to rescind the 2024 Enforcement Guidance, the EEOC majority stated that the Guidance constituted an impermissible act of substantive rulemaking under Title VII. The Commission majority also cited President Trump’s Executive Order “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which directed the agency to rescind portions of the 2024 Enforcement Guidance that conflicted with the Executive Order. EEOC Chair Andrea Lucas emphasized, however, that “rescinding this guidance does not give employers license to engage in unlawful harassment,” and that the agency continues to be committed to preventing and remedying unlawful workplace harassment. See EEOC Commission Votes to Rescind 2024 Harassment Guidance.
What the 2024 Enforcement Guidance on Harassment in the Workplace Includes
The 2024 Enforcement Guidance was intended to provide employers with a consolidated framework for preventing and addressing unlawful harassment under Title VII of the Civil Rights Act of 1964. Among other topics, the Guidance addressed:
- Harassment based on sex, including sexual orientation and gender identity;
- The use of names, pronouns, and other workplace conduct that could contribute to a hostile work environment to transgender employees;
- Employer responsibilities to maintain effective antiharassment policies, complaint procedures, and prompt, thorough, and impartial investigations; and
- The importance of training, corrective action, and leadership accountability to prevent harassment before it occurs.
While the Guidance was not binding on courts, it reflected the EEOC’s interpretation of Title VII and signaled the agency’s enforcement priorities when investigating and litigating discrimination and harassment charges, particularly with respect to recognizing sexual orientation, gender identity, and transgender status as protected classes under Title VII’s prohibition of sex discrimination in line with the U.S. Supreme Court’s 2020 holding in Bostock v. Clayton County.
Effect of the Rescission
Because the Guidance was not binding on courts, the EEOC’s decision to rescind the Guidance does not change the law or employers’ legal obligations. Furthermore, courts do not defer to EEOC guidance as controlling authority, and the removal of the Guidance does not eliminate protections for any group of employees under Title VII. It does, however, represent a change in how the EEOC may view and process charges it receives and future guidance it may issue for employers. Importantly, the EEOC interprets only federal law, meaning rescission of the Guidance has no effect on state or local laws prohibiting discrimination and harassment in the workplace, and particularly those state and local laws that protect transgender individuals.
Employers’ Ongoing Obligations Under Title VII and Bostock
Employers remain obligated to comply with Title VII as interpreted by the courts, including the U.S. Supreme Court’s decision in Bostock. In Bostock, the Court held that discrimination “because of sex” under Title VII includes discrimination based on sexual orientation, gender identity, and transgender status. As a result, employers may not discriminate against, or permit harassment of, any employee—including transgender employees—on these bases.
Under Title VII, employers must:
- Prohibit discrimination and harassment against all employees in the terms and conditions of employment;
- Maintain and enforce antiharassment policies that clearly prohibit unlawful conduct;
- Provide effective mechanisms for reporting complaints;
- Promptly and thoroughly investigate complaints of discrimination or harassment; and
- Take appropriate corrective action when misconduct is identified.
State and Local Law Considerations
As already noted, in addition to federal law, many states and some cities have their own human rights laws prohibiting discrimination and harassment in the workplace. How the EEOC interprets Title VII has no bearing on how these state and local laws are interpreted, administered, or applied. Employers must be mindful of these state and local antidiscrimination and antiharassment laws and continue to comply with applicable laws. Many state and local laws expressly prohibit discrimination based on sexual orientation, gender identity, transgender status, and gender expression, and may impose additional and/or more specific requirements regarding policies, training, investigations, and remedies.