EEOC repeals harassment guidance relating to sexual orientation and gender identity

On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2 to 1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace—which had provided the agency’s position for identifying, preventing, and responding to workplace harassment, particularly the harassment of LGBTQ+ workers—after finding the guidance exceeded the agency’s rulemaking authority.

Repeal follows Executive Order

The 2024 guidance had stated that “repeated and intentional use of a name or pronoun inconsistent with the individual’s known gender identity (misgendering)” or “denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity” could be considered a form of sexual harassment.

The decision to rescind the 2024 guidance comes shortly after President Trump issued Executive Order (EO) 14168, entitled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” which directed all agencies to “remove all statements, policies, regulations, forms, communications, or other internal or external messages that promote or otherwise inculcate gender ideology.”

Antidiscrimination law still stands