By: Jacqueline D. Hopkins, Esq., Employment Law Attorney & Culture Consultant, Loutel Law

Jacqueline D. Hopkins is a creative and passionate leader with expertise in employment law, employee relations and DEI strategy. After serving for several years as in-house counsel for the fourth largest housing authority in the country, Jacqueline joined the Southeastern Pennsylvania Transportation Authority as the Director of EEO and Employee Relations, where she also spearheaded their diversity and inclusion initiatives and fostered transformative change. She has also led global diversity and inclusion initiatives for an international startup. Jacqueline currently serves as an attorney and consultant at Loutel, where she practices employment and commercial law while providing consulting services in DEI and workplace culture.

On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its “Enforcement Guidance on Harassment in the Workplace” that had been finalized in 2024. The vote was 2 to 1 along party lines, and the guidance was removed from the EEOC’s website shortly thereafter.

The rescinded guidance was intended to consolidate and modernize harassment guidance for employers, and it incorporated real-world examples and analysis of harassment claims based on race, sex (including sexual orientation and gender identity), religion, disability, age, and other protected bases. It’s important to know that the EEOC emphasized that rescinding the guidance “does not give employers license to engage in unlawful harassment,” and that enforcement of the laws remains a priority. Here are a few additional points employers should keep in mind as they move forward.

The Anti-Discrimination Law Lives On

The rescission does not change federal anti-discrimination law. Title VII of the Civil Rights Act still prohibits harassment and discrimination based on protected characteristics, and Supreme Court precedent interpreting those laws, such as Bostock v. Clayton County, remains in effect.

Keep in mind that harassment based on race, color, religion, sex (including pregnancy and childbirth), national origin, disability, and age is still unlawful; and the EEOC continues to enforce the federal anti-harassment and discrimination laws.

Things Are a Little Less Clear

The now-withdrawn guidance provided detailed examples and best practices on modern workplace harassment scenarios, including digital communications and interactions involving sexual orientation and gender identity, issues that were missing from older guidance. With its removal, employers no longer have a single, updated EEOC resource consolidating that analysis.

As an example, even though Bostock still protects employees from discrimination based on sexual orientation and gender identity under Title VII, the specific harassment standards tied to those protections are now less clear from a federal standpoint.

What Employers Should Be Doing Now

1. Revisit Current Policies – Even without the EEOC’s 2024 guidance, employers should continue to maintain, update, and enforce harassment and discrimination policies that clearly define the conduct that is prohibited (harassment, retaliation, etc.) Policies should also include a complaint mechanism, and address both staf and supervisors. Given the absence of the updated EEOC examples, many employers may benefit from having their policies reviewed by counsel to ensure current law and best practices are reflected.

• Keep the Training and Culture Initiatives – Training remains a key tool for preventing harassment and, without culture initiatives, employees are going to feel like their leadership doesn’t care. Train the workforce on workplace harassment regularly, using real-world examples, and make sure that managers and supervisors are held accountable for maintaining a respectful environment. Even though the federal guidance has changed, the underlying legal requirements haven’t, and proactive training can reduce risk and foster a healthier, more productive workplace.

• Understand State and Local Laws – In many states, like Pennsylvania, and localities like Philadelphia, harassment protections go beyond federal Title VII requirements and do include protections based on sexual orientation, gender identity, and other characteristics not covered at the federal level. These laws remain in full force. This is especially important for employers with multi-state operations, who need to understand and adhere to state laws and requirements.

• Don’t Assume Enforcement Will Be Reduced – The EEOC’s internal priorities shift with each new administration, but employers should not interpret the rescission as decreased exposure to liability and enforcement actions. Charges of harassment and discrimination can still be filed with the EEOC and state agencies, and employers can still face litigation and liability.

Bottom Line for Employers

The 2024 guidance has been rescinded, but the legal obligations under Title VII remain in place. Employers must continue to prevent and respond to harassment and discrimination and keep their policies and training up to date. Loutel Law is available to assist with policy reviews, training updates, and compliance audits to ensure your workplace remains legally sound and well-positioned in this evolving landscape.