The Equal Employment Opportunity Commission has rescinded its 2024 Enforcement Guidance on Harassment in the Workplace following a 2 to 1 partisan vote January 22.
EEOC Chair Andrea Lucas stated two concerns during the meeting: first, that the portions of the guidance addressing sexual orientation and gender identity exceeded the Supreme Court’s decision in Bostock v. Clayton County; and, second, that the guidance exceeded the EEOC’s limited authority under Title VII to issue procedural — rather than substantive — rules. Democratic Commissioner Kotagal opposed the rescission.
The majority’s view that the guidance crossed into substantive rulemaking may signal that the agency will take a more limited approach to future interpretive guidance during this Administration.
Employers’ Title VII obligations remain unchanged, but the rescission eliminates a resource on which many organizations relied when updating their anti-harassment policies.
The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, will hold a members-only roundtable, EEOC Harassment Guidance—Rescission and Impact, on February 11 to discuss the rescission’s meaning for workplace policies, training, and compliance strategies. CWC members can read more here.