The Equal Employment Opportunity Commission (EEOC), the federal agency tasked with enforcing federal anti-discrimination laws, has a quorum again and wasted no time taking action consistent with the current administration’s policy shifts, including President Trump’s Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The Order directed the EEOC to revoke its guidance related to gender identity discrimination and harassment. As expected, the EEOC Commissioners voted along party lines (2-1) to rescind the 2024 Harassment Guidance on January 22, 2026.
The EEOC. Five presidential appointed Commissioners govern the EEOC. With a quorum, the EEOC can issue regulations and enforcement guidance, and commence large-scale litigation. The EEOC was down to only two Commissioners for most of 2025 because President Trump fired two of the three Biden-appointed Commissioners after he took office, leaving only his appointee, Chair Andrea Lucas and Biden appointee Kalpana Kotagal in place. The fired Commissioners are currently suing over their termination. In October 2025, Congress approved President Trump’s appointment of Brittany Panuccio as a Commissioner, resulting in a quorum.
The Cancelled Guidance. Following the United States Supreme Court’s decision in Bostock v. Clayton County in June 2020, holding that Title VII’s prohibition of discrimination “because of sex” protects against sexual orientation and gender identity discrimination, the EEOC updated its published sexual harassment guidance for the first time in decades with the majority of the Commissioners approving the update in a 3-2 vote. The guidance quickly faced legal challenges particularly with respect to its position on gender identity issues. A Texas Federal District Court ruled that the definition of “sex” in the guidance was contrary to law, striking down the requirements of bathroom, dress, and pronoun accommodations in the guidance. See Texas v. EEOC, No. 2:24-CV-173 (N.D. Tex. May 15, 2025). Chair Lucas has been a vocal critic of the position that harassment under Title VII includes “denial of access to a bathroom or other sex-segregated facility consistent with [an] individual’s gender identity” and “repeated and intentional use of a name or pronoun inconsistent with [an] individual’s known gender identity.” And it is no surprise that one of the EEOC’s first actions with a reconstituted quorum revoked the guidance.
What’s Next? The EEOC’s action in rescinding its guidance does not change federal or state anti-discrimination laws;it only communicates the EEOC’s position on issues. Chair Lucas stated, “the agency will continue to be dedicated to preventing and remedying unlawful workplace harassment,” and from what we have seen the targets will be consistent with the current Administration’s priorities.
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