EEOC revokes its guidance on transgender protections under Title VII

At a public meeting on January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted to rescind its Biden-era harassment guidance that identified persistent misgendering and/or limiting restroom access by gender identity as potential violations of Title VII of the Civil Rights Act of 1964. The decision to revoke has drawn significant public attention and debate.

Vote reflects current administration’s priorities

The 2 to 1 vote (with a Democratic commissioner dissenting) latched onto a 2025 Texas federal court ruling that had already struck down portions of the guidance related to transgender employees.

The action reflects the Trump administration’s narrower reading of the Supreme Court’s 2020 decision in Bostock v. Clayton County compared to the prior administration, even as Bostock still recognizes that Title VII bars discrimination based on gender identity and sexual orientation.

What changes and what does not?

The EEOC’s leadership emphasized that rescinding the guidance does not halt antiharassment enforcement. The agency stated it will continue investigating and litigating harassment cases notwithstanding the document’s withdrawal.