On January 22, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted 2-1 to rescind its “Enforcement Guidance on Harassment in the Workplace,” which had been approved in 2024. In a statement, EEOC Chair Andrea Lucas contended that the 2024 Guidance overstepped the agency’s authority by imposing new obligations on employers rather than simply interpreting existing law. Lucas emphasized, however, that “rescinding this guidance does not give employers license to engage in unlawful harassment,” and that the EEOC “will continue to be dedicated to preventing and remedying unlawful workplace harassment.”

The 2024 Guidance

The 2024 Guidance incorporated significant court rulings and legislative changes, taking an expansive view of what constituted unlawful workplace harassment. Among other things, it established a framework for:

• LGBTQ Protections: The 2024 Guidance built on the Supreme Court’s landmark decision in Bostock v. Clayton County, 590 U.S. 644 (2020), which held that discrimination based on sexual orientation or gender identity constitutes unlawful sex discrimination under Title VII of the Civil Rights Act of 1964. The EEOC applied this reasoning to harassment claims involving LGBTQ employees.
• Pronoun Use: The 2024 Guidance stated that refusing to use transgender workers’ preferred names and pronouns could constitute unlawful harassment.
• Bathroom Access: The 2024 Guidance addressed discrimination related to transgender employees’ access to facilities consistent with their gender identity.
• Reproductive Rights: The 2024 Guidance indicated that discriminating against employees because they have abortions or use contraception could constitute unlawful harassment.

Shifting Landscape

While the EEOC’s rescission is a significant development, it is worth noting that federal courts began limiting the 2024 Guidance shortly after its adoption, and many of its provisions were never fully in effect. For instance, in May 2025, the U.S. District Court for the Northern District of Texas blocked portions of the 2024 Guidance relating to LGBTQ protections, finding they exceeded the scope of the EEOC’s authority. Furthermore, since President Trump took office in 2025, the EEOC has stopped pursuing most cases involving transgender workers and has launched investigations into workplace diversity, equity, and inclusion policies. These shifts in enforcement priorities are likely to continue in the absence of the 2024 Guidance.

What this Means for You

Although the 2024 Guidance is no longer operative, school districts’ fundamental legal obligations remain unchanged. All federal employment discrimination laws, including Title VII, continue to apply. Supreme Court precedent, including Bostock, remains binding law, meaning school districts must continue to recognize that discrimination based on sexual orientation or gender identity constitutes sex discrimination under Title VII. The EEOC also retains authority to investigate complaints and litigate violations of federal anti-discrimination laws. In short, the rescission does not diminish school districts’ core obligations to prevent and address workplace harassment.

School districts should continue maintaining comprehensive policies prohibiting harassment based on all protected characteristics, including sexual orientation and gender identity, in addition to sex, race, religion, national origin, age, and disability. The absence of detailed EEOC guidance does not eliminate these fundamental federal civil rights requirements. In addition, many states and localities have enacted laws providing protections that exceed federal requirements, and the rescission of federal guidance does not affect state-level protections.

For private schools with religious affiliations, the rescission may provide more flexibility in balancing anti-discrimination obligations with religious convictions. However, schools should consult with legal counsel before making any policy changes, as the interplay between federal law, state law, and constitutional protections is complex and fact specific.

The EEOC’s rescission creates some uncertainty regarding how it will interpret certain federal laws going forward, but the best approach for for public school districts and private K-12 schools remains unchanged: foster inclusive, respectful workplace environments where all employees are treated with dignity, complaints are taken seriously and investigated promptly, and appropriate remedial action is taken when harassment occurs.

We will continue to monitor these developments and provide updates as the EEOC issues new guidance, enforcement actions, or as legal challenges arise.

Contact us

If you have questions about how the EEOC’s rescission of the 2024 Enforcement Guidance on Harassment in the Workplace may affect your school or district, or if you need assistance reviewing your anti-harassment policies and procedures to ensure compliance with federal, state, and local laws, please feel free to reach out to John W. Borkowski, Aleks O. Rushing, Mackenzie Conway, or Samantha Bowie.