EEOC Strengthens Litigation Authority, Rescinds Workplace Harassment Guidelines

The U.S. Equal Employment Opportunity Commission (EEOC or alternatively referred to as the Commission) recently adopted a resolution that significantly strengthens its authority to decide whether to commence or intervene in litigation in most discrimination claims. The EEOC also rescinded its 2024 Enforcement Guidance on Harassment in the Workplace, which a federal court in Texas previously held to be unlawful, in part due to its expansion of the definition of “sex” and its guidance related to sexual orientation and gender identity. Neither action will immediately impact employers' anti-discrimination practices, but they illustrate the Commission's change in direction from the prior administration.