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EEOC Rescinds Harassment Guidance: What Managers Still Must Do

Posted 02/26/26

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The U.S. Equal Employment Opportunity Commission (EEOC) recently voted 2-1 to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. While headlines may suggest a major shift, the legal reality is straightforward: federal harassment laws have not changed. Manager responsibilities have not changed. Employer obligations remain firmly in place.

For leaders and supervisors, clarity matters. Understanding what the EEOC rescission means - and what it does not mean - is essential to maintaining compliance and workplace stability.

What Was Rescinded

The rescinded 2024 guidance was an EEOC enforcement document. It provided examples and interpretations of how the agency approached harassment investigations. It addressed modern workplace issues, including digital harassment, virtual environments, and topics involving sexual orientation and gender identity.

However, guidance is not law. It does not create new statutory requirements. Instead, it reflects how the agency interprets and enforces existing law.

When the EEOC voted to rescind the guidance, it removed that interpretive document. It did not eliminate federal anti-harassment protections.

What Did Not Change

Federal employment laws prohibiting discrimination, harassment, and retaliation remain in full effect. Title VII of the Civil Rights Act continues to govern workplace discrimination and harassment protections.

The Supreme Court's decision in Bostock v. Clayton County remains binding law. That decision affirmed that discrimination based on sexual orientation or gender identity falls under Title VII's prohibition on sex discrimination.

State anti-harassment laws also remain intact. Many states provide protections that equal or exceed federal law.

In short, the rescission of guidance does not weaken statutory protections for employees.

Why This Matters for Managers

Changes in federal agency guidance often generate confusion. Employees may hear news headlines and assume workplace standards have shifted. Managers play a critical role in reinforcing stability and clarity.

Leadership must communicate that:

  • Zero tolerance for harassment and discrimination remains in effect.
  • All complaints must be reported immediately to HR.
  • Civility, respect, and professionalism are non-negotiable.
  • Employees must know how to report concerns.
  • Confidentiality must be maintained.
  • Retaliation is strictly prohibited.

These expectations are not tied to guidance documents. They are tied to federal and state law, as well as sound organizational culture.

Digital and Virtual Harassment Risks Continue

Although the 2024 guidance discussed digital harassment and online conduct, those workplace risks have not disappeared. Harassment can occur through email, messaging platforms, video meetings, and social media interactions connected to work.

Managers should continue supporting training efforts that address virtual communication standards and appropriate workplace behavior in digital environments. Remote and hybrid work settings do not reduce employer obligations.

Best Practices Moving Forward

The EEOC's action should not trigger policy rollbacks. Instead, employers should maintain steady compliance practices, including:

  • Maintaining updated written anti-harassment policies.
  • Providing regular harassment prevention training.
  • Ensuring reporting channels are clearly communicated.
  • Investigating complaints promptly and documenting findings.
  • Reviewing policies periodically to ensure alignment with current court precedent.

Because guidance documents are not binding on courts, employers should anchor their policies in statutory law and Supreme Court precedent rather than temporary agency interpretations.

Leadership Stability During Legal Headlines

Moments like this test leadership tone. When federal agencies revise guidance, the safest course is not reaction - it is consistency.

Strong managers avoid speculation. They reinforce standards. They protect employees. They communicate clearly. They rely on law, not headlines.

The EEOC rescinded its 2024 harassment guidance. Harassment law remains. Title VII remains. Manager responsibility remains.

For organizations focused on long-term compliance and healthy culture, business continues as usual - with professionalism, accountability, and respect at the center.

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