The EEOC’s Vote to Rescind Workplace Harassment Guidance: What Employers Should Know and What Comes Next
The Equal Employment Opportunity Commission voted last Friday to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. The guidance, issued under the prior administration, set out examples and interpretations reflecting the agency’s view of unlawful harassment under Title VII and related federal laws. Portions of the guidance had already been vacated by a federal court in May 2025 after the court concluded the Commission exceeded its authority, particularly with respect to certain gender identity provisions.
With Friday’s vote, the Commission has confirmed a change in how it frames workplace harassment obligations. Notwithstanding Friday’s vote, employers’ underlying obligations remain unchanged. Harassment based on protected characteristics such as race, sex, religion, and national origin continues to be prohibited under federal law. What this changes is how the EEOC may interpret and apply those obligations for enforcement and guidance purposes. That shift matters for leaders making policy decisions, overseeing investigations, and maintaining employee trust.
What This Means for You
1. Do not treat rescission as a rollback of responsibility
Legal obligations remain in force. More importantly, employees assess organizations based on how concerns are received, assessed, and resolved. This shift does not change that expectation.
2. Review policies on behavior and impact
This is an opportunity to review policies for clarity and neutrality. Effective policies focus on conduct, workplace impact, and professional expectations. They hold up over time because they are not tied to any single change in guidance.
3. Watch cultural signals
Employees pay attention in times of change. What leadership tolerates, how concerns are handled, and whether retaliation is addressed shape reporting confidence far more than the fine print of agency guidance.
4. Prepare your managers
Front-line leaders remain the first point of contact for concerns and are often the least supported. Provide your managers with practical guidance on identifying problematic behavior, appropriate escalation, documentation, and response. Ensure they have the proper training and are equipped to support staff.
5. Pressure-test investigation practices
When guidance shifts, investigations become more important. Organizations should assess whether investigations are timely, impartial, well documented, and defensible, including how findings and outcomes are communicated.
Companies that are committed to fair processes, clear expectations, consistent applications, and disciplined follow-through are better positioned to manage both legal risk and workforce trust, regardless of guidance trends.
