EEOC Rescinds ‘Enforcement Guidance on Harassment in the Workplace’

On January 22, 2026, the Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its “Enforcement Guidance on Harassment in the Workplace” (guidance), which was approved in 2024. At issue in the guidance was its definition of sex-based harassment under Title VII, which included “repeated and intentional use of a name or pronoun inconsistent with the individual’s known gender identity (misgendering); or the denial of access to a bathroom or other sex-segregated facility consistent... By: Troutman Pepper Locke