On January 22, 2026, the Equal Employment Opportunity Commission voted to rescind its latest harassment guidance, the Enforcement Guidance on Harassment in the Workplace.

Recall that this guidance was published April 29, 2024 and replaced and consolidated five dated guidance documents from the 1980s and 1990s. The guidance was finalized and published after a notice and comment period in the fall of 2023, during which the Commission received more than 37,000 comments. The document served as a resource for employers and others who want to understand how the EEOC analyzes the standards for harassment and employer liability in harassment cases based on race, color, national origin, sex, national origin, disability, genetic information, and age. It is over 200 pages and includes 76 examples to illustrate the type of conduct that may constitute harassment under the statutes enforced by the EEOC.

Previously, in May 2025, a judge vacated sections of the guidance relating to how sex was defined; specifically removing the sections on sexual orientation and gender identity. The guidance was updated to include information about the lawsuit and impacted sections of the guidance were highlighted.

As of this writing, the EEOC has pulled the rescinded 2024 guidance off its website. The previous guidance (which the 2024 guidance had replaced) remains posted with a note at the top that says “This document was superseded on April 29, 2024 by the new Enforcement Guidance on Harassment in the Workplace.”

These are:

• Compliance Manual Section 615: Harassment (1987)
• Policy Guidance on Current Issues of Sexual Harassment (1990);
• Policy Guidance on Employer Liability under Title VII for Sexual Favoritism(1990);
• Enforcement Guidance on Harris v. Forklift Sys.,Inc. (1994); and
• Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors (1999)

Perhaps in the coming days the EEOC will clarify which guidance remains applicable and available. It may be as simple as re-listing the guidance in the bullet list above on its website and removing the warnings that it’s been superseded.