Compliance Operations Overview: Update on the 2024 EEOC Enforcement Guidance on Harassment in the Workplace

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In April of 2024, the Equal Employment Opportunity Commission (EEOC) issued a guidance document, Enforcement Guidance on Harassment in the Workplace (harassment guidance). The harassment guidance consolidated and took the place of previous EEOC guidance covering workplace harassment and addresses how harassment based on race, color, religion, sex (including sexual orientation and gender identity), national origin, age, disability or genetic information is defined under EEOC-enforced federal laws.

In May of 2025, a federal district court judge in Texas vacated (set aside) the sections of the EEOC Enforcement Guidance on Harassment in the Workplace pertaining to harassment based on sexual orientation and gender identity. The court vacated these portions of the guidance nationwide. Texas, et al. v. EEOC, 2:24-CV-173 (N.D. Tex. May 15, 2025). The court left the remainder of the guidance intact.

In January of 2026, the EEOC rescinded (withdrew) the guidance altogether.

What Does the Withdrawal of the Guidance Mean?
The withdrawal of the guidance strongly suggests that it will not be enforced by the current federal EEOC.

Despite the guidance being withdrawn, the laws, regulations, and case law that the guidance discussed have not changed. As the EEOC noted in a press release accompanying the withdrawal of the guidance, “Rescinding this guidance does not give employers license to engage in unlawful harassment.”

The law is still enforceable and a later administration may decide to enforce the guidance, including violations that are happening now.

In particular, although the EEOC no longer supports its withdrawn guidance on employer liability for harassment based on sexual orientation and gender identity, the guidance remains useful for many employers. Many employers operate in states whose federal circuit courts have concluded that Title VII, the anti-harassment law enforced by the EEOC, allows for harassment claims based on sexual orientation and gender identity. These courts include the 4th, 6th, 9th, and 11th circuit Courts of Appeal. To date, no circuit court opinion we are aware of has reached a different conclusion.

For employers who operate in states whose laws are in line with the withdrawn guidance, Compliancy Group’s Risk assessment based on EEOC Harassment Enforcement guidance can remain helpful in meeting state requirements being enforced in the absence of federal enforcement.

Conclusion
The 2024 EEOC enforcement guidance on workplace harassment has been withdrawn. The laws that the guidance covers remain in effect, and employers may still adhere to these laws, regulations, and judicial interpretations. Employers who are uncertain about how these changes affect their organization should contact legal counsel for further guidance.