In a long-expected move, on January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind the Biden-era 2024 Enforcement Guidance on Harassment in the Workplace, effective immediately. The rescission was approved by a 2-1 vote, with Chair Andrea Lucas and Commissioner Brittany Panuccio voting in favor and Commissioner Kalpana Kotagal dissenting. The rescission is effective immediately. Although observers expected some portion of the 2024 Guidance to be rescinded, the decision to rescind it in its entirety raises questions about what will replace it, if anything.
We provide an overview of the original guidance and examine what its recission means for employers.
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