By Lauren M. Law, Esquire

On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) withdrew its 2024 Enforcement Guidance on Harassment in the Workplace, designed to explain to employers and employees how federal law applies to harassment claims.

The 2024 guidance provided specific examples of conduct that could constitute unlawful harassment, including scenarios involving protected characteristics such as race, sex, religion, and disability. It also incorporated interpretations of harassment tied to sexual orientation and gender identity consistent with Supreme Court precedent.

Because the rescinded 2024 EEOC Guidance was nonbinding, it did not create new legal rights or obligations. Nonetheless, it provided a roadmap for interpreting and applying EEOC protections across many different situations. The underlying protections of federal anti‑discrimination laws, such as Title VII of the Civil Rights Act, remain enforceable.

The immediate practical effect for employers is that this EEOC‑authored resource is no longer available to help them identify specific examples of harassment or prohibited conduct. Nevertheless, employers are advised to continue to ensure that their workplaces are free of unlawful discrimination and to also be especially mindful of Pennsylvania anti-discrimination laws, primarily the Pennsylvania Human Relations Act (PHRA).

For employees, because the guidance was nonbinding, the repeal does not affect the employees’ substantive rights. Employee’s protections under Title VII and the PHRA remain intact, and discrimination and harassment based on sex, race, religion, and national origin remains prohibited. Moreover, protections recognized in Bostock v. Clayton County for sexual orientation and gender identity remain, ensuring nationwide protections in all 50 states.

Legal guidance is critical in today’s evolving workplace landscape. At Lamb McErlane PC, we help our clients navigate complex employment law confidently, on both sides of the table. If you have questions about what the recission of the 2024 EEOC Guidance means for you or your business, contact our Employment Law Practice.

*This alert is for educational purposes only and is not intended to be legal advice.

Lauren M. Law is a Senior Associate at Lamb McErlane. She focuses her practice on complex civil and business litigation, labor and employment law, and personal injury.

Lauren is a dedicated trial attorney with over ten years of experience in civil litigation. She exhibits proficiency across employment counseling, including policy development, conducting internal investigations for workplace discrimination, harassment, wrongful termination, retaliation, wage and hour disputes, whistleblower claims, as well as the negotiation of employment contracts, non-compete agreements, and severance packages. llaw@lambmcerlane.com. 267-388-2886.