Margaret Gentzen, Partner
Haley Spiewak, Associate
On January 22nd, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2-1 to rescind the Biden-era 2024 Enforcement Guidance on Harassment in the Workplace. The EEOC rescinded the guidance effective immediately, foregoing their standard 30-day notice-and-comment period.
Andrea Lucas, EEOC Chair, stated, “Let me be perfectly clear: The EEOC will not tolerate unlawful harassment, as was the case before the guidance document was issued and will remain so even after the guidance document is rescinded.”
The rescission may have adverse effects, particularly for LGBTQ+ employees. The 2024 guidance provided over 70 real-world examples of workplace harassment to assist employers in compliance efforts, including sections addressing gender identity and sexual orientation. Now, employers must rely on statutory text, courts, and prior EEOC enforcement decisions when evaluating how to handle potential harassment claims.
It is important to note that the recission does not alter Title VII of the Civil Rights Act of 1964 or any other federal anti-discrimination statute. Additionally, the rescission does not affect applicable state or local anti-discrimination laws.
Employers should monitor developments from the EEOC closely, including the potential release of an updated guidance, and remain up to date on anti-discrimination and harassment laws. If you have questions specific to your company, please contact Fox Smith, LLC Employment Team at 314-588-7000, mgentzen@foxsmithlaw.com, or hspiewak@foxsmithlaw.com.