The U.S. Equal Employment Opportunity Commission (EEOC) voted 2-to-1 to rescind 2024 anti-harassment guidance, citing recent political and legal changes. Chair Andrea Lucas and Commissioner Brittany Panuccio cited an executive order signed last year declaring two immutable sexes and recent court rulings to justify rescinding the guidance.
The nearly 200-page guidance included more than 70 examples of harassment and incorporated protections from Bostock v. Clayton County, a landmark Supreme Court case in which the court said employers could not fire employees because they identified as members of the LGBT+ community. The guidance was developed with input from over 38,000 public commenters and 35,000 FY2024 harassment complaints.
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Effective immediately, advocates and a group of 12 former EEOC and Department of Labor officials warned removing the guidance will make enforcement costlier and slower for LGBTQ+ workers.
By skipping the customary 30-day notice-and-comment period to make policy changes, the commission faced criticism from former officials and more than 80 organizations led by the National Women’s Law Center. Lucas reportedly received support from the Trump White House, raising concerns about political control.
The EEOC is an agency tasked with enforcing federal laws surrounding workplace discrimination and ensuring equal opportunities during hiring processes.
