On January 22, 2026, the U.S. Equal Employment Opportunity Commission (“EEOC”) rescinded by vote its April 2024 Enforcement Guidance on Harassment in the Workplace. The rescission eliminated the guidance in full, without a notice and comment period, signaling a landmark recalibration of the EEOC’s approach to harassment enforcement.
As Proskauer previously covered, alongside discussion
On Monday, January 20, 2025, President Donald Trump issued an Executive Order entitled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth To The Federal Government” (the “Order”). The Order declares that the United States will only recognize two sexes, male and female, and states that these sexes are binary, biological, and “not changeable.”
On April 29, 2024 the U.S. Equal Employment Opportunity Commission (“EEOC”) published its final guidance on harassment in the workplace.
As Proskauer previously covered, this final guidance follows proposed guidance, which the EEOC published on October 2, 2023. According to a press release issued by the EEOC, the final guidance “updates, consolidates, and replaces
On October 1, 2022, the United States District Court for the Northern District of Texas held that Equal Employment Opportunity Commission (“EEOC”) guidance addressing sexual orientation and gender identity discrimination in the workplace is unlawful. The case is State of Texas v. EEOC, Case No. 2:21-cv-00194-Z.
Background
As we previously reported, on June