EEOC Rescinds Guidance On Workplace Harassment

January 26, 2026

What's New

The EEOC has rescinded its 2024 Enforcement Guidance on Harassment in the Workplace following a 2-1 partisan vote at a January 22 public meeting.

During the meeting, EEOC Chair Andrea Lucas reiterated two concerns: first, that portions of the guidance addressing sexual orientation and gender identity exceeded the Supreme Court’s decision in Bostock v. Clayton County; and, second, that the guidance exceeded the EEOC’s limited authority under Title VII to issue procedural—rather than substantive—rules.

Democratic Commissioner Kotagal opposed the rescission.

What It Means

Although employers’ Title VII obligations remain unchanged, the rescission eliminates a resource many organizations previously relied on when updating anti-harassment policies.

The majority’s view that the guidance crossed into substantive rulemaking may signal that the agency will take a more limited approach to future interpretive guidance under this Administration.

What You Should Do

Employers should continue to evaluate anti-harassment policies and training materials to ensure that they provide robust protection against workplace harassment, including harassment prohibited by Title VII and state and local laws.

CWC members are invited to join our members-only roundtable, EEOC Harassment Guidance—Rescission and Impact, on February 11, 2026, for a practical discussion on what the decision means for workplace policies, training, and compliance strategies.

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