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ARTICLE · 17 MARCH 2026

EEOC Withdraws Harassment Guidance

On 22 January 2026, the US Equal Employment Opportunity Commission (EEOC) voted to rescind its 2024 Enforcement Guidance on Harassment in the Workplace.

United StatesEmployment and HR

On 22 January 2026, the US Equal Employment Opportunity Commission (EEOC) voted to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. Although the withdrawal does not alter federal anti discrimination statutes, it marks a significant shift in the agency's approach to harassment and its interpretation of civil rights legislation. This article outlines how the rescission occurred, what has replaced the Guidance, and what employers should expect next.

The decision follows several legal and administrative developments, including a federal court ruling in Texas, executive orders issued by President Trump in 2025, and continuing debate regarding the scope of ‘sex' discrimination under Title VII of the Civil Rights Act. Employers operating across the United States must remain alert to compliance obligations that continue to apply, even as the regulatory landscape evolves.

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