Chair Andrea Lucas accused those raising concerns about the rescission of “fearmongering” while Commissioner Kotagal accused the agency of throwing out, wholesale and unnecessarily, guidance that was 10 years in the making and subject to nearly 38,000 public comments.

Yesterday, the three members of the EEOC commission met to discuss rescission of a 2024 Enforcement Guidance on Harassment in the Workplace, among other matters that ended up being handled by a notational vote.

The Enforcement Guidance on Harassment in the Workplace, which among many other things clarified workplace protections available for harassment based on sexual orientation and gender identity, was approved by the Commission on April 29, 2024. At the time, Commissioner Lucas voted against it. In May 2025, Judge Matthew J. Kacsmaryk of the Northern District of Texas declared unlawful and vacated certain portions of the document, contending that “Title VII remains rooted in a biological understanding of sex” and “does not require employers or courts to blind themselves to the biological differences of men and women.”

Lucas, on multiple occasions since the beginning of her tenure as chair, has made clear that the guidance was in her crosshairs. Upon her appointment, she stated, “Consistent with the President’s Executive Orders and priorities, my priorities will include... defending the biological and binary reality of sex and related rights, including women’s rights to single sex spaces at work....” Next,...

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