As announced in a January 23, 2026 press release, the Equal Employment Opportunity Commission (“EEOC”) recently voted 2-1 to rescind workplace harassment guidance it had issued in 2024. That guidance, or parts of it, had been subject to litigation and controversy while in effect over the last year or two.
While that guidance never had the force and effect of law, it presented a window into how the EEOC interpreted the federal laws that it enforces and generally provided a guidepost for employers in handling workplace harassment issues.
Recission of this guidance does not otherwise change the law itself, as emphasized by EEOC Chair Andrea Lucas: “Rescinding this guidance does not give employers license to engage in unlawful harassment. Federal employment laws against discrimination, harassment, and retaliation, and Supreme Court precedent interpreting those laws, remain firmly in place. The EEOC is committed to evenhanded enforcement of these laws. The agency will continue to be dedicated to preventing and remedying unlawful workplace harassment.”
Our Labor & Employment Team here at Sandberg Phoenix regularly advises and assists employers of all sizes in developing workplace harassment policies and procedures, as well as investigating and defending against claims or allegations of workplace harassment. Do not hesitate to reach out to a Team Member here for help.
