The Equal Employment Opportunity Commission ("EEOC") has rescinded its 2024 Enforcement Guidance on Harassment, a comprehensive workplace resource outlining what constitutes unlawful harassment based on protected characteristics under federal anti-discrimination statutes.

The rescission followed an Executive Order issued by President Donald Trump directing federal agencies to withdraw guidance deemed inconsistent with a binary definition of sex—specifically, that men are biologically male and women are biologically female.

The now-rescinded guidance had incorporated the Supreme Court's holding in Bostock v. Clayton County, which interpreted Title VII's prohibition on discrimination "because of sex" to include discrimination based on sexual orientation and gender identity. Following that decision, the guidance stated that unlawful sex-based harassment could include conduct such as intentionally misgendering an employee or denying access to restrooms consistent with an employee's gender identity. The guidance was subsequently challenged in federal court by parties arguing that it exceeded the scope of existing statutory and judicial authority including in Bostock.

Importantly, the EEOC's guidance did not itself create binding law. Rather, it synthesized decades of agency interpretation, case law, and practical examples to assist employers in understanding compliance obligations under Title VII and related statutes.

As a matter of law, the rescission does not alter the...

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