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A 2026 decision by the Equal Employment Opportunity Commission has led to confusion for employers and employees alike. The decision to rescind its 2024 Enforcement Guidance on Harassment in the Workplace has left many employees, especially those vulnerable to harassment based on gender identity or sexual orientation, worried about their safety at work.

If you’re concerned about what this could mean for you, please reach out to our sex discrimination lawyer, Christa Riggins, for a free consultation. Christa has dedicated her practice to representing employees who have suffered discrimination, harassment, retaliation, and wrongful termination in the workplace. She has specifically handled sexual orientation discrimination cases and is happy to help you navigate the changes and any confusion caused by the new EEOC enforcement guidance.

What Was the 2024 EEOC Harassment Guidance?

In 2024, the EEOC drafted and approved “Enforcement Guidance on Harassment in the Workplace.” It was meant to clarify how workplace harassment laws apply in modern contexts and to expand on existing federal protections under Title VII. It also included detailed examples of unlawful harassment.

In particular, the guidance addressed issues that often affect LGBTQIA+ employees, including:

Repeated misgendering
Refusal to use an employee’s name or pronouns
Denying access to bathrooms consistent with an employee’s gender identity
Harassment related to gender transition

This guidance was supported by Bostock v. Clayton County, which confirmed that discriminating against an employee based on their sexual orientation or gender identity is illegal under federal law.

What the EEOC Repealed

In January of 2026, the EEOC voted 2-1 to rescind the guidance in its 2024 publication. This means that they have formally withdrawn the document and the interpretations included within it. While there was significant fear in the days following this news that employers would have the legal right to discriminate based on sexual orientation or gender identity, Title VII still exists, and the Bostock v. Clayton County decision still stands. But by removing this publication, the EEOC has eliminated an important resource that helped clarify how those laws apply to real-world employment situations. Employees and employers have less clarity on how specific types of harassment may be viewed at the federal level.

Language and Protections That Were Removed

Rescinded guidance included information that employees relied on to understand their rights and what behavior was considered harassment. Now that it has been removed, these issues are not outlined in EEOC materials:

Misgendering as a form of harassment
Refusal to respect names or pronouns
Restrictions on locker room or restroom access
Workplace hostility tied to gender identity or transition

These issues may still be actionable under federal law, but the lack of clear and actionable guidance can be frustrating for employees.

Does This Change Federal Law?

This publication was not law, so the EEOC rescinding it does not change federal law. But it may change how harassment claims are interpreted and investigated, which is one reason you may want to work with a sex discrimination lawyer throughout this process.

This can leave employees in an unclear legal gray area—if they face aggression or harassment at work related to their sexual orientation or gender identity, is it actionable harassment? Or does taking legal action put them at risk of retaliation without clear reward for it?

What This Means for California Workers

For California workers, there’s good news. Sex discrimination attorneys don’t just handle claims under federal law (the laws addressed in the EEOC guidance). California workers are also protected by the California Fair Employment and Housing Act (FEHA), which provides broader and more explicit protections than those offered at the federal level.

Under the FEHA, there is a clear prohibition against harassment based on gender identity, gender expression, and sexual orientation. This means that while the EEOC’s actions repeal useful guidance regarding LGBTQ+ rights in the workplace, employers may still be held accountable for violating the FEHA.