EEOC Rescinds Workplace Harassment Guidance: What Changed, What Didn’t, and What Employers Should Do Now

By Kevin Welch, CEO & Founder, Journey Payroll & HR
Published: February 2026
Last updated: February 2026

When clarity disappears in workplace law, outcomes depend more on who decides, where you work, and how disputes are navigated.

That’s exactly what happened when the U.S. Equal Employment Opportunity Commission (EEOC) rescinded its workplace harassment guidance.

This change has raised understandable questions for both employers and employees. Here’s what actually changed, what did not, and how organizations should respond.

Key Takeaways

• The EEOC rescinded its 2024 workplace harassment guidance by a 2–1 vote
• Federal anti-harassment laws under Title VII remain unchanged
• Less federal guidance means more discretion and less predictability in enforcement
• Employers and employees should not assume standards have been lowered

What Changed at the EEOC Regarding Workplace Harassment

The EEOC voted to rescind its most recent workplace harassment guidance, which had been issued in 2024. The agency announced the decision following a Commission vote to remove the guidance from its official enforcement resources.

That guidance explained how the EEOC analyzes and enforces workplace harassment cases under existing federal law. It translated legal standards into real-world workplace scenarios, helping employers and employees understand how harassment can show up in modern work environments.

Examples addressed in the guidance included:

• Unwanted sexual jokes or comments
• Inappropriate conduct directed at coworkers
• Pregnancy-related treatment that crosses into stereotyping or hostility
• Harassment occurring in remote or digital workplaces

The guidance did not create new law. It clarified how existing law is applied.

What Did Not Change Under Title VII

It’s critical to be clear about this:

Harassment is still illegal under Title VII of the Civil Rights Act.

Federal anti-harassment protections remain in place, and employers’ legal obligations have not been repealed or weakened. The EEOC continues to enforce Title VII and related statutes prohibiting workplace harassment.

What changed is not the law itself, but the level of interpretive clarity provided by the agency.

How the Decision Was Made

The guidance was rescinded by a 2–1 vote of the EEOC.

• Chair Andrea Lucas voted to rescind
• Commissioner Brittany Panuccio voted to rescind
• Commissioner Kalpana Kotagal dissented

At the time of the vote, only three commissioners were seated. Under EEOC rules, that majority was sufficient to remove the guidance.

That surprised me. Not because the vote was improper, but because a change with this much downstream impact can occur with so few decision-makers in place.

This context matters. The rescission reflects a shift in agency leadership and enforcement interpretation, not a change enacted by Congress.

Why Guidance Matters in Workplace Harassment Cases

Most workplace harassment issues do not begin as legal disputes. They begin as moments of uncertainty.

Employees often ask:

• “Is this serious enough to report?”
• “Will anyone take this seriously?”
• “Is it worth the risk?”

Guidance helps reduce that uncertainty. It provides shared reference points for what behavior crosses a line and when intervention is appropriate.

When guidance is removed, uncertainty increases, even if the law itself remains unchanged.

What This Looks Like in Practice

Consider a common scenario:

A manager makes sexual jokes in Slack.
When someone appears uncomfortable, the behavior is dismissed as “just kidding.”

Under prior EEOC guidance, this type of conduct was clearly identified as potential workplace harassment, even in virtual environments.

Now:

• The behavior didn’t change
• The law didn’t change
• But the clarity around how that behavior may be evaluated did

That lack of clarity can affect whether employees feel safe coming forward and whether employers feel confident acting early.

A Related Enforcement Shift Employers Should Know About

At the same time the guidance was rescinded, the EEOC also changed who authorizes litigation.

Career staff still investigate and develop cases. However, commissioners now have greater discretion over which cases formally move forward to litigation. The EEOC has outlined this change in its explanation of Commission litigation authority.

This does not change what the law says.
But it can affect how consistently that law is enforced across different situations and jurisdictions.

When guidance decreases and discretion increases at the same time, predictability declines.

What Employers Should Do Now

This is not a moment to lower standards.

If anything, employers should:

• Reaffirm clear workplace harassment policies
• Ensure managers are trained on modern, real-world scenarios, including remote work
• Encourage early reporting and intervention
• Address concerns promptly, even when situations feel “gray”

This is where strong, ongoing human resources support matters most, especially when external guidance becomes less clear. Employers that invest in proactive HR practices are better positioned to protect both their people and their organization.

Strong workplaces set standards that go beyond minimum legal defensibility.

What Employees Should Know

Employees should also understand:

• Legal protections against harassment still exist
• Uncertainty does not make inappropriate behavior acceptable
• Documenting concerns and understanding internal reporting options remains important

Clarity may feel reduced at the federal level, but rights have not disappeared.

Frequently Asked Questions

Did harassment become legal after the EEOC rescinded the guidance?
No. Harassment remains illegal under federal law, including Title VII.

Does this change how employers should handle harassment complaints?
No. Employers should continue to investigate promptly and act early. Reduced guidance increases the importance of consistent internal standards.

Does this affect state harassment laws?
No. State and local laws still apply and may impose stricter requirements than federal law.

Does the removal of guidance make it harder for employees to come forward?
In practice, it can. Guidance helps people recognize when behavior crosses a line. When clarity is reduced, employees may hesitate longer before reporting concerns, even though legal protections still exist.

Can employers relax harassment policies now that the guidance is gone?
No. Employers’ legal obligations under Title VII remain unchanged. Lowering standards increases risk, especially when enforcement outcomes become less predictable.

Does this change how courts will rule on harassment cases?
No. Courts rely on statutes and case law, not EEOC guidance. However, guidance can influence how cases are investigated and which cases move forward, which affects predictability before a case ever reaches court.

The Bottom Line

The EEOC removed guidance, not responsibility.

Yes, the process may feel more uncertain.
No, harassment did not become legal.

How organizations respond to this moment will determine whether workplaces become safer, or simply quieter.

Friendly note: I’m not an attorney. This article is shared for general information and awareness, not legal advice. Workplace harassment laws are fact-specific and can vary by state, so speaking with qualified legal counsel is important when real situations arise.