The U.S. Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. Chair Andrea Lucas emphasized that removing the guidance does not weaken federal protections against discrimination, harassment, or retaliation. Existing laws and Supreme Court precedent remain fully in effect, and the EEOC stated it will continue enforcing them consistently. The agency also reiterated its role as the primary federal enforcer of anti‑discrimination laws for private employers and its shared jurisdiction with the Department of Justice for public‑sector cases.
The 2024 guidance now rescinded recognized sex discrimination as extending to harassment connected to gender identity based largely on the Supreme Court’s 2020 Bostock v. Clayton County. That ruling determined that discrimination rooted in sexual orientation or gender identity is a form of sex discrimination and the EEOC guidance pointed to examples like deliberately using the wrong pronouns for an employee or refusing to allow someone to use restrooms that align with their gender identity.
So, what does the EEOC consider to be harassment now? Harassment, as defined by the EEOC, is a form of employment discrimination that arises when unwelcome conduct tied to a protected characteristic—such as race, sex, religion, national origin, age, disability, or genetic information—creates a work environment that feels intimidating, hostile, or abusive. Not every rude or unpleasant interaction qualifies; the law focuses on behavior that is either severe or pervasive enough to meaningfully alter the conditions of employment or that forces an employee to endure mistreatment as a condition of keeping their job.
The conduct that can amount to harassment spans a wide range, from verbal insults, slurs, and offensive jokes to physical threats, intimidation, ridicule, or the display of degrading images. Harassers can be supervisors, coworkers, contractors, or even customers, and the person harmed does not have to be the direct target of the behavior. What matters is the overall context: the frequency of the conduct, its seriousness, and its impact on the employee’s ability to work.
Employers are expected to take proactive steps to prevent and address harassment by communicating clear policies, offering accessible reporting channels, and responding promptly when concerns arise. They may be held liable when they fail to act or when a supervisor’s harassment results in a tangible employment action such as firing or demotion. Employees, meanwhile, are encouraged to report problems early—either by telling the harasser to stop or by using internal complaint procedures—so that issues can be addressed before they escalate.
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