What the EEOC's Anti-Harassment Guidance Revocation Means for Workers

In a significant policy shift, the U.S. Equal Employment Opportunity Commission voted 2-1 on January 22, 2026, to rescind its comprehensive workplace harassment guidance. The move eliminates federal enforcement guidelines addressing harassment based on race, age, disability, sex, and other protected categories—affecting millions of American workers.

The rescinded guidance, originally approved in April 2024, had consolidated decades of anti-harassment policies and addressed modern challenges including digital harassment and workplace protections following the #MeToo movement. It also interpreted the Supreme Court's 2020 Bostock decision, which held that Title VII prohibits discrimination based on sexual orientation and gender identity.

While the rescission removes federal enforcement guidelines, it does not eliminate underlying legal protections. Title VII still prohibits workplace discrimination, and the Bostock decision remains valid law.

Employees who experience harassment can still file discrimination charges with the EEOC, which retains authority to investigate and potentially litigate claims. However, without clear guidance, enforcement through the EEOC becomes more uncertain.  Workers may also pursue private lawsuits after obtaining a right-to-sue letter. Importantly, many state and local laws provide stronger protections than federal law and remain unaffected by this change.

Here are three practical tips for employees experiencing workplace discrimination:

1. Document Everything Immediately Keep detailed records  - on your personal computer only, never on a work computer - of discriminatory incidents including dates, times, locations, what was said or done, and who witnessed it. Save emails, texts, and other communications. This documentation becomes crucial evidence if you file a formal complaint or lawsuit.

2. Consult with an Employment Lawyer Before You Follow Your Company's Internal Complaint Process.  An experienced employment attorney can help you tell your story in the most compelling way – and once you go “on the record” by going to HR, that record can either help or hurt your case depending on how you say something.   Together, you and your attorney can strategize the best way to report the discrimination through your employer's designated complaint procedure.

3. Know Your Filing Deadlines and Options You generally have 180 days (or 300 days in states with their own anti-discrimination agencies, like Pennsylvania) to file an EEOC charge after discrimination occurs. Don't wait—deadlines are strict and missing them can bar your claim entirely. Your employment lawyer can also advise you on whether state or local laws offer stronger protections, and whether filing with a state agency might be more advantageous than the EEOC given the recent guidance changes.

Call us for a free consultation if you are having trouble at work.