EEOC rescinds LGBTQ and anti-harassment guidance

The U.S. Equal Employment Opportunity Commission (EEOC) has voted 2–1 to rescind its 2024 enforcement guidance, which expanded interpretations of workplace protections for LGBTQ workers and individuals seeking reproductive care.

The revised policy was repealed on January 22, 2026, following a change in the commission’s membership that gave Republicans a 2–1 majority.

The 2024 guidance, which was not binding law but offered detailed examples of how anti-discrimination protections apply, had built on the U.S. Supreme Court’s 2020 ruling in Bostock v. Clayton County, which recognized that Title VII’s ban on sex discrimination covers sexual orientation and gender identity.

The guidance also addressed workplace harassment scenarios, including repeated refusal to use an employee’s preferred pronouns and other conduct tied to gender identity or sexual orientation.

In rescinding the guidance, the EEOC’s majority said the 2024 document exceeded the agency’s authority by offering interpretations that went beyond existing statutory language.

The repeal does not change the underlying protections in Title VII, which prohibits discrimination based on sex, including sexual orientation and gender identity. However, employers will no longer have the 2024 guidance as a roadmap for how the agency might apply those protections in harassment cases.

Critics of the repeal warn that without the detailed examples and explanations in the prior guidance, employers may face uncertainty in interpreting how anti-discrimination law applies in specific situations, and employees may have less guidance when asserting claims.

Supporters of the repeal argued that the guidance overreached and was not subject to appropriate notice-and-comment rulemaking.

For employers, the decision highlights the importance of evaluating anti-discrimination and anti-harassment policies based on Title VII’s statutory protections. Employers should ensure that training and internal practices remain consistent with current law and be prepared for potential challenges in interpreting protections tied to sexual orientation, gender identity, and related workplace conduct.