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"EEOC Rescinded Its Harassment Guidance: What to Do Now"

Download HR’s Checklist for Addressing Rescinded EEOC Harassment Guidance

The U.S. Equal Employment Opportunity Commission (EEOC) rescinded its 2024 harassment guidance in early 2026, an action that reflects shifting federal enforcement priorities. The EEOC's action does not alter an employer’s obligations to maintain harassment free workplaces under federal anti-discrimination laws. However, the rescission draws into question an employer’s obligations with respect to prohibiting harassment based upon an individual’s gender identity. 

Federally, there are several laws that govern anti-discrimination and harassment prevention obligations of employers that are enforced by the EEOC. These include Title VII of the Civil Rights Act of 1964, which prohibits workplace discrimination based on race, color, sex (including pregnancy, sexual orientation and gender identity), religion, and national origin; the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Pregnant Workers Fairness Act, the Genetic Information Nondiscrimination Act, and the Equal Pay Act. 

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