The Equal Employment Opportunity Commission voted 2-1 on Jan. 22 to rescind its Enforcement Guidance on Harassment in the Workplace. The guide, originally approved in 2024, provided employers with insight into the EEOC’s interpretations of statutes and what it deemed to be potential areas and scenarios that could be considered unlawful harassment. Its rescission means employers will no longer have access to a centralized reference point for the EEOC’s interpretation of what could constitute a potential violation. Employers should consult with an employment law expert that can help guide the employer on possible pitfalls to avoid. The guide formalized the EEOC’s position on the legal standards and employer liability under federal antidiscrimination laws. It also addressed interpretations of anti-harassment laws regarding protected classes of sexual orientation and harassment against LGBTQ+ individuals. The genesis of the guide began in 2020 to assist employers with understanding their obligations under the then-recently decided US Supreme Court case of Bostock v. Clayton County, Georgia , which prohibited employers under Title VII of the Civil Rights Act of 1964 from making hiring o
