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While the EEOC had a quiet 2025 due to its lack of a quorum (only two of five commissioners) and the lengthy government shutdown, there is potential change on the horizon. One area of interest for the EEOC is its Enforcement Guidance on Harassment in the Workplace issued in 2024. We blogged about that 2024 guidance here if you need a refresher. In late December 2025, the EEOC filed a request with the Office of Information and Regulatory Affairs asking for authorization to rescind the guidance and this week (on January 22) the commission will discuss rescinding that guidance.
What would rescinding the guidance mean for employers?
Rescinding the guidance would mean potentially less guidance, but no less attention to workplace harassment. Recall that we have already seen some changes to the guidance after a federal court vacated portions of the guidance regarding gender identity, but that decision did not mean that harassment in the workplace was given the OK. Indeed, even if the EEOC rescinds some or all of the 2024 guidance, employers will be left with questions but can rest assured that the EEOC will not give up enforcing the laws prohibiting workplace harassment. The bottom line is that much of the guidance reflects current federal law and is therefore enforceable, regardless of whether the EEOC has a document providing guidance on it or not.
So, what should employers do to protect their businesses?
You do not need to change anything yet, as we are waiting to understand whether and what changes to the guidance will be adopted by the EEOC. Even so, given the new year, it’s a great time to review your policies with an eye toward clarity and employee ability to understand. Here are a few tips on minimizing risk related to workplace harassment that will apply regardless of the change.
- Review your anti-harassment and complaint policies and procedures to make sure they are clear and easily understood.
- Make sure these policies also address remote and hybrid employees if applicable to your company.
- Consider implementing a company device or online communication policy that incorporates a prohibition on harassment if you do not already have one.
- Remind your employees and supervisors of your anti-harassment policies.
- Provide employees with a clear complaint procedure and contact for reporting alleged harassment.
- Take all allegations seriously and investigate promptly after receiving allegations of harassment (or other complaints of discrimination or retaliation).
- Avoid bias or the appearance of bias in an investigation.
- Take appropriate corrective action if needed.
Takeaways
We may see a lot of change in policies from the EEOC this year, but rest assured we will keep you updated with key changes and walk through them with you. In the meantime, you should:
- Review your policies.
- Stay tuned to our blog for relevant updates on the guidance.
- Call your favorite employment lawyers with your questions.
