On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind its “Enforcement Guidance on Harassment in the Workplace” (Harassment Guidance), a 190-page document which had been approved in 2024.
Although the Harassment Guidance did not have the force of law, it aimed to help employers identify and prevent activities that could constitute unlawful harassment based upon race, color, religion, sex, national origin, age, disability, and genetic information. It specifically included guidance relating to gender identity discrimination and harassment of LGBTQ+ individuals.
The withdrawal of the Harassment Guidance is consistent with the Trump Administration’s prior Executive Order directing executive agencies to enforce federal laws based upon a recognition of two sexes, male and female, specifically excluding any concept of gender identify. It signals the EEOC’s intent to investigate and litigate a much narrower scope of sex discrimination claims.
The rescission of the Harassment Guidance does not alter Title VII or any other federal anti-discrimination statute. Employers should continue to comply with those statutes as written and as previously interpreted by courts. Employers are also bound by applicable state laws prohibiting discrimination and harassment, and they should take careful note of how those terms are defined under each state’s law. This also does not alter an employer’s responsibility to educate their employees on their organization’s respectful workplace policy through periodic training.
The attorneys and HR professionals at Lake Effect can provide guidance on agency guidelines, employment laws, and regulations. We continue to monitor important legal and HR developments, as well as other information that could impact the workplace. Please watch our blogs and emails for these important updates, as well as discussions of how compliance meets culture. To dive into these issues, contact us at info@le-hrlaw.com or 1-844-333-5253.
