"This week, the Equal Employment Opportunity Commission rescinded its guidance on workplace harassment, in a move that could significantly undermine protections for all workers, but especially those who identify as LGBTQ+. The agency, which plays a crucial role as the federal watchdog that enforces anti-discrimination laws governing the workplace, voted on Thursday to strike down guidance that had been codified in 2024, during the Biden administration."
"Across nearly 200 pages, the document offered an important update to the EEOC's language on harassment-which had not been updated in over two decades-and also incorporated a key Supreme Court ruling in 2020 that extended anti-discrimination protections to LGBTQ+ workers. The guidance included over 70 examples of workplace discrimination that employees might encounter, with a section dedicated to sexual orientation and gender identity."
"Before releasing the final version back in 2024, there was a customary notice and comment process on the proposed document, during which the agency fielded over 38,000 comments from the public. All that guidance has now been scrapped, with no room for public comment on the decision. (The harassment document has since been taken down and is no longer accessible to the public.)"
The Equal Employment Opportunity Commission rescinded its 2024 workplace-harassment guidance, removing a nearly 200-page update that incorporated the 2020 Supreme Court ruling extending protections to LGBTQ+ workers. The guidance provided over 70 examples of workplace discrimination and included a section on sexual orientation and gender identity. A prior notice-and-comment period produced more than 38,000 public comments. The document has been taken down and the rescission occurred without an additional public comment process. EEOC chair Andrea Lucas stated the agency will not tolerate unlawful harassment. The loss of the guidance may make filing complaints and enforcement more difficult for workers, especially LGBTQ+ employees.
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