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Monday, January 19, 2026

Former EEOC officials condemn agency’s move to drop anti-harassment guidance - HR Dive

Dive Brief:

  • EEO Leaders, a group of former U.S. Equal Employment Opportunity Commission and Department of Labor officials, questioned EEOC’s proposed rescission of anti-harassment guidance in a letter released Tuesday.
  • The group said EEOC’s Dec. 29 request to the White House for approval to rescind the Biden-era guidance “is yet another salvo in this Administration’s prolonged attack on LGBTQI+ people.” EEOC did not immediately respond to a request for comment.
  • Shortly after being named acting chair of EEOC, Andrea Lucas, now the agency’s chair, made a pledge to “[roll] back the Biden administration’s gender identity agenda” and called for the rescission of the guidance to “protect the sex-based privacy and safety needs of women.”

Dive Insight:

Lucas voted against the 2024 anti-harassment guidance, namely opposing its position that denying a person access to a bathroom or other sex-segregated facility consistent with their gender identity and repeatedly or intentionally using pronouns that don’t align with someone’s gender identity represent harassing conduct.

“The Commission’s harassment guidance was fundamentally flawed,” Lucas said in a January 2025 statement. “It ignored biological reality, effectively eliminated single-sex workplace facilities, and impinged on all employees’ rights to freedom of speech and belief … The EEOC must rescind the guidance and protect the sex-based privacy and safety needs of women.”

EEO Leaders said the rescission attempt is part of the...



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