EEOC votes 2-1 to rescind its 2024 harassment guidance, including gender identity provisions

On Jan. 22, 2026 the Commission voted to withdraw its entire 2024 Enforcement Guidance on Harassment in the Workplace. The Chair and one commissioner voted in favor and one commissioner dissented. This removed language treating repeated intentional misgendering and denial of identity-consistent restroom access as potential harassment. A Texas federal court had already vacated the gender-identity portions in May 2025 (S10-016). No replacement guidance announced; the EEOC says Title VII and Bostock are unchanged.