Last week, the Equal Employment Opportunity Commission (“EEOC”) voted to rescind its 2024 harassment guidance, a nearly 200-page document intended to explain what conduct may constitute unlawful harassment under federal law. While the document spoke to a variety of protected characteristics, the catalyst for recission was a dispute over the treatment of gender identity. Importantly, federal anti-discrimination laws themselves have not changed, and the EEOC has stated it will continue to pursue unlawful harassment, even acknowledging that an individual cannot be fired because they are transgender.
Business Takeaway: The practical shift here is that employers lose a current agency explainer and might encounter greater uncertainty in terms of agency priorities and enforcement in the months ahead. While, as indicated above, agency priorities and interpretations do shift from one administration to the next, in this case the shift is faster and more extreme. Protect yourself by watching this space and being mindful of those regulations that affect your workforce (e.g., FLSA and related classifications, contractor/employee analyses, OSHA requirements).