3/12/26 EEOC Overturns Workplace Harassment Guidelines

March 12, 2026

On January 22, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) voted to rescind its 2024 “Enforcement Guidance on Harassment in the Workplace” (“Harassment Guidance”). The decision follows President Trump’s direction to federal agencies to reconsider all guidance which is inconsistent with a binary definition of gender.

What Was the Harassment Guidance?

The now-rescinded Harassment Guidance outlined the EEOC’s interpretation of federal laws prohibiting workplace harassment based on sex; although the Guidance was comprehensive, it specifically addressed discrimination on the basis of gender identity and sexual orientation. The Guidance provided detailed examples of conduct that could constitute unlawful harassment under federal law.  However, the Harassment Guidance did not create law itself, instead describing an interpretation opinion of the EEOC based on existing federal law.

Attacks on the Harassment Guidance

Since its issuance, portions of the Harassment Guidance faced legal challenges in multiple jurisdictions. Provisions addressing gender identity-related harassment drew particular scrutiny during the transition from the Biden administration to the Trump administration. In Texas, et al. v. EEOC, No. 2:24-CV-173 (N.D. Tex.), the State of Texas challenged the Harassment Guidance in the U.S. District Court for the Northern District of Texas. Texas argued that the EEOC exceeded its statutory authority, the Harassment Guidance was contrary to law in the way it defined sex outside of the biological binary, and the Harassment Guidance unlawfully treated denial of access to sex-segregated facilities, consistent with an individual’s gender identity, as actionable harassment under Title VII. The court ruled in favor of Texas, concluding that the Harassment Guidance’s interpretation of sex was contrary to law and was a misinterpretation of the Supreme Court’s decision in Bostock v. Clayton County.

What Does the Recission Mean for Employers?

While the EEOC’s decision to rescind the Harassment Guidance should not have a noticeable legal impact (as the Harassment Guidance was a non-binding document without the force of law and many state statutes maintain broader definitions), it does indicate a probable shift in federal enforcement. Employers should review and consider their harassment training materials, be aware of all state and local laws which may contain broader compliance requirements from federal law (including explicit protections related to gender identity and sexual orientation), and understand risk when workplace harassment is alleged.  Shifting federal priorities do not alleviate the risk and exposure an employer may have under state or local law related to harassment on gender identity lines.

Please contact Wilson Jarrell at 503-276-2181 or wjarrell@barran.com or Winslow Robinson at 503-276-2103 or wrobinson@barran.com with any questions or for assistance in determining your employment compliance.