The Equal Employment Opportunity Commission's recent rescission of its 2024 harassment guidance has left many employers questioning their obligations regarding LGBTQ workplace protections. While the withdrawal followed a federal court decision challenging aspects of the guidance, the legal landscape remains complex and nuanced. Understanding what this means for workplace policies, training requirements, and compliance obligations is essential for employers navigating discrimination and harassment prevention
What does the EEOC’s repeal of its 2024 harassment guidance mean for employers?
On January 22, 2026, the Equal Employment Opportunity Commission voted to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. The rescission followed a federal district court decision concluding that aspects of the Guidance were contrary to law.
In particular, the court took issue with the Commission’s treatment of LGBTQ issues in the wake of the Supreme Court’s 2020 decision in Bostock v. Clayton County.
Although the court ordered that only portions of the Guidance be vacated, the Commission withdrew it in its entirety. It is unclear whether the agency will issue revised guidance.
Broadly speaking, the repeal does not have significant legal effect. Unlike a statute or regulation, EEOC guidance does not have the force of law. It can signal enforcement priorities, but whether conduct violates Title VII is ultimately decided by the courts....
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