At a glance
- The EEOC voted 2–1 to rescind its April 2024 Enforcement Guidance on Harassment in the Workplace, following a federal court’s decision vacating key sections and a presidential directive.
- The court held that the EEOC exceeded its authority regarding sexual orientation and gender identity protections under Title VII.
- Without a quorum, the EEOC previously marked the vacated portions but could not formally withdraw the guidance.
- The rescission does not change federal, state or local anti‑harassment laws.
- Employers should continue enforcing robust anti‑discrimination and anti‑harassment policies while awaiting potential new EEOC guidance.
The EEOC recently voted 2-1 to rescind its April 29, 2024 Enforcement Guidance on Harassment in the Workplace, which was issued by the EEOC during the prior administration. While not legally binding, the guidance provides information to employers about the EEOC’s position on unlawful conduct under Title VII.
The EEOC’s action was expected now that it has a quorum. President Trump directed the EEOC to rescind the guidance, in full or in part, in an executive order signed January 20, 2025.
In May 2025, a federal district court vacated portions of the EEOC’s guidance related to sexual orientation and gender identity, holding that the EEOC exceeded its statutory authority. According to the court, the guidance 'contravenes Title VII’s plain text by expanding the scope of ‘sex’ beyond the biological binary' and by 'defining discriminatory harassment to include failure to accommodate a transgender employee’s bathroom, pronoun and dress preferences.' It further concluded that the US Supreme Court’s decision in Bostock v. Clayton County was narrow, addressing only whether 'firing someone simply for being a homosexual or transgender' violates Title VII. Based on these findings, the court vacated sections of the guidance relating to sexual orientation and gender identity.
Without a quorum, the EEOC was unable to rescind or modify the guidance. It instead labeled and shaded the vacated portions of the guidance on the agency’s website and issued a press release noting then Acting Chair, now Chair Andrea Lucas’ continued opposition to those portions.
The EEOC’s repeal of the guidance does not change federal anti-harassment law or state and local laws that prohibit workplace harassment. It is unclear whether the EEOC will issue updated guidance on how it will interpret and enforce Title VII. In the meantime, employers should continue to ensure their policies and procedures prohibit unlawful discrimination and harassment.
