EEOC Rescinded the 2024 Harassment Guidance: What Employers Should Do Now

On January 22, 2026, the EEOC voted to rescind its 2024 Enforcement Guidance on Harassment in the Workplace.

That decision has created questions.

Here is the practical takeaway for employers:

The EEOC withdrew the 2024 guidance. Employers are still responsible for preventingand addressing harassment under federal and state law.

Title VII remains in place. State and local laws still apply. Courts still evaluate whether employers took reasonable steps to prevent and correct harassment.

This is not a moment to scale back your process.

What Actually Changed

The 2024 EEOC harassment guidance is no longer in effect. That document provided interpretive direction on how the agency viewed certain harassment issues.

It was guidance, not statute.

Withdrawing it removes that interpretive framework. It does not remove underlying legalprotections.

What Did Not Change

Employers still must:

•Maintain policies prohibiting unlawful harassment
• Provide reporting mechanisms
• Investigate complaints promptly
• Take corrective action when necessary
• Prevent retaliation

Those obligations come from federal and state law, not just agency guidance.

What Employers Should Do Now

This is about tightening systems, not reacting to headlines.

1.Review Your Harassment Policy

Confirm your handbook language reflects current federal and state law. Remove references that rely solely on rescinded guidance.

Clear reporting pathways and definitions matter.

2.Re-Train Supervisors

Supervisors create exposure quickly.

They need to understand:

•What constitutes unlawful harassment
• Their obligation to report complaints immediately
• That informal handling is not acceptable
• How retaliation can occur unintentionally

Training is risk management.

3.Standardize Complaint Intake

Inconsistent intake is a common problem.

Confirm you have:

•Multiple reporting channels
• Clear documentation procedures
• A consistent intake form or process

Every complaint should follow the same structure.

4.Audit Investigation Timelines

Delays are difficult to defend.

Review:

•How quickly investigations begin
• Who conducts them
• How findings are documented
• Whether outcomes are communicated

Documentation should reflect process discipline.

5.Reinforce Anti-Retaliation

Retaliation claims frequently follow harassment complaints.

Managers should understand that schedule changes, isolation, altered duties, or negative reviews after a complaint can create additional liability.

This is where many employers get caught off guard.

6.Check State and Local Law

Federal guidance is only part of the equation.

Many states require:

•Mandatory harassment training
• Broader definitions of protected classes
• Stricter employer obligations

You must comply with the most protective applicable standard.

7.Document Training and Policy Acknowledgments

If you are audited or in litigation, documentation becomes your defense.

Keep records of:

•Policy acknowledgments
• Training attendance
• Complaint intake
• Investigation steps
• Corrective action

Memory does not protect employers. Records do.

Where Employers Commonly Slip

We see the same issues repeatedly:

•Policies that have not been updated in years
• Supervisors who were promoted but never trained
• Complaints handled informally to “avoid escalation”
• Gaps in documentation
• Underestimating retaliation risk

Harassment prevention is not about reacting to agency announcements. It is about consistent process.

The Bottom Line

The EEOC rescinded a guidance document.

Your obligation to prevent harassment and respond appropriately to complaints remains grounded in federal and state law.

Strong policies.
Consistent training.
Prompt investigations.
Thorough documentation.

That is what protects employers.

Sources

U.S.Equal Employment Opportunity Commission, Commission Vote to Rescind 2024 Harassment Guidance, January 22, 2026
https://www.eeoc.gov/newsroom

EEOC Public Commission Meeting Transcript, January 22, 2026
https://www.eeoc.gov/meetings

Reuters,“US EEOC scraps guidance that expanded workplace protections,” January 2026
https://www.reuters.com

AssociatedPress, “Workplace rights agency scraps anti-harassment guidance,” January 2026
https://apnews.com

✴️Need help with compliance? Contact CTR today! 

Disclaimer: This blog is for general informational purposes and is not legal advice.

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