The EEOC’s 2024 harassment guidance included over 70 examples of prohibited harassment, along with practical advice for employers to reduce and respond to harassing conduct. “The guidance also explained what constitutes effective anti-harassment policies, trainings, and complaint processes, so that employers could help prevent harassment before it occurs,” said Kotagal in her official statement opposing rescission on January 22, 2026.

“The Commission’s 2024 Enforcement Guidance on Harassment in the Workplace crystallized the state of the law and made clear for employers practical and legal compliance steps it should (and in certain instances must) take to combat inappropriate conduct and remedy such behavior when it occurred,” said Michael S. Cohen, employment law and workplace culture expert at Duane Morris LLP, via email.

Without the guidance, employers are “deprived of a clear blueprint for working to achieve a harassment-free workplace and complying with anti-discrimination laws,” said 12 former officials of the EEOC and the Department of Federal Contract Compliance Programs in a January 20, 2026 statement opposing rescission.

“EEOC’s recent rescission of the 2024 Guidance,” explained Cohen, “has left many organizations unsure about protections it must now apply. In the face of such confusion, employers already have become unsure about exactly what their obligations look like when confronted with complicated workplace harassment issues.”

To read the full text of this article, please visit Forbes (subscription required).