Update Applicable to:	Effective Date
All Employers With 15 or More Employees for at Least 20 Weeks in the Current or Prior year	January 22, 2026

What happened?

On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. The next day, the agency formally announced the change and removed the guidance from its website.

Federal protections remain unchanged. Discrimination or harassment based on sexual orientation or gender identity is still unlawful.

Overview

Why the guidance was pulled

• The portions addressing gender identity, pronouns, and access to sex‑segregated facilities were the immediate trigger for the vote.

• A federal court in Texas had already struck down relevant parts of the 2021 and 2024 guidance in May 2025.

• There is an internal process dispute: one commissioner argued a formal public comment period was required; the chair said the prior guidance exceeded the agency’s authority.

What changed

• The 2024 harassment guidance (including examples about bathrooms, dress codes, and pronouns) is rescinded and no longer in effect.

• This signals a shift in federal enforcement priorities at the federal level.

What did not change

• Federal law still prohibits discrimination based on sex, including sexual orientation and gender identity, under the Supreme Court’s Bostock decision.

• Courts are not bound by the agency’s current position and will assess facts in context (severity, pervasiveness, intent, impact, and pattern).

• State and local anti‑discrimination laws remain fully in effect and may be more protective.

Why this matters:

• Day‑to‑day expectations largely remain the same. Employers must still prevent and correct unlawful discrimination and harassment.

• Risk now turns more on context than on a per‑se rule. Isolated, promptly corrected misgendering is unlikely to create liability, while repeated, deliberate conduct, especially paired with ridicule or exclusion, can still support a hostile work environment claim.

• Multi‑jurisdiction operations are more complex. State and city rules may impose independent obligations even as federal enforcement priorities shift.

Action Steps for Compliance

• Policies and training

• Keep clear, neutral anti‑harassment and anti‑discrimination policies that expressly cover sexual orientation and gender identity.
• Train managers to spot patterns of conduct, not just isolated missteps.

• Workplace practices – Review restroom, locker room, dress code, and name/pronoun practices for consistency, neutrality, and compliance with state and local law.

• Reporting and response – Maintain multiple reporting channels, act promptly on complaints, document investigations, and apply discipline consistently.

• Monitoring and governance

• Track new court rulings and agency updates; the rescission could face procedural challenges.
• Ensure consistent application across departments and locations.

Additional Information

Short timeline

• 2020: Supreme Court holds that discrimination based on sexual orientation and gender identity is sex discrimination.

• 2021: Prior federal guidance on gender identity is issued and blocked in Texas.

• 2024: EEOC updates harassment guidance with LGBTQ‑related examples.

• January 2025: New administration narrows federal recognition to two sexes and signals rollbacks.

• May 2025: Texas court strikes portions of the 2024 guidance (bathrooms, dress, pronouns).

• January 22, 2026: EEOC rescinds the 2024 harassment guidance.

Chair’s reminder: “Rescinding this guidance does not give employers license to engage in unlawful harassment; Federal laws remain firmly in place.” – EEOC Chair Andrea Lucas.

Source References

• EEOC – Commission Votes to Rescind 2024 Harassment Guidance (01/23/2026)
• Federal: EEOC Planning to Roll Back Gender Ideology from Agency’s Policy (VensureHR)

Resources

• EEOC – Harassment
• EEOC – Removing Gender Ideology and Restoring the EEOC’s Role of Protecting Women in the Workplace (01-28-2025)
• Supreme Court Bostock Decision

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