The Equal Employment Opportunity Commission (EEOC) has voted to officially rescind anti-harassment guidance that said misgendering workers is a form of discrimination under Title VII of the 1964 Civil Rights Act.
On January 22, 2026, the EEOC voted to rescind the April 2024 document that contained LGBTQ+ inclusive guidance on workplace harassment which outlined best practices for employers and gave over 70 real world examples to illustrate discriminatory practices, including that misgendering transgender workers is a form of discrimination. A Texas federal court previously struck portions of the anti-harassment guidance in May 2025, holding that this document expanded the scope of “sex” beyond male and female which contravened Title VII.
Chairman of the EEOC, Andrea Lucas, indicated in 2025 that she would seek to revoke or rescind the 2024 document when she had a voting majority to align with the January 2025 Presidential Executive Order that declared the federal government should recognize only two sexes under Title VII.
This marks a clear change from the Biden Administration’s more expansive interpretation of LGBTQ+ protections afforded by the U.S. Supreme Court’s decision in Bostock v. Clayton County, which held that Title VII bars discrimination on the basis of gender identity and sexual orientation. Lucas has said that Bostock’s protections are limited to discrimination because of a worker’s gender identity or sexual orientation.
However, this rescission eliminates the EEOC’s guidance of how to apply anti-harassment and anti-discrimination law in other specific circumstances, including those in the document not limited to misgendering workers or other LGBTQ+ inclusive scenarios and case law to support this guidance.
This rescission does not change the law or the protections it affords, and members of the commission stated that the EEOC will continue to litigate and bring cases targeting unlawful harassment of people of all backgrounds.
Given the lack of real-world examples of how to apply the law to workplace scenarios involving harassment and discrimination, employers should take actions to mitigate risk. We recommend employers take the following steps:
1. Review your Policies: Despite this rescission, anti-discrimination law and protections under Title VII still exist. Employers should ensure their policies demonstrate compliance with Title VII and any other applicable federal and state law.
2. Train Leadership, Supervisors, and Managers: Leadership needs to be aware of any new or existing policy regarding discrimination or harassment, including how to approach matters involving transgender workers. Please make sure all workers in leadership positions know how to recognize and respond to any current or potential discrimination or harassment issues.
3. Questions? Consult Counsel: Each discrimination case is fact specific and, without EEOC guidance for different scenarios, employers may have difficulty determining what is and is not discrimination or harassment. Please consult counsel to ensure that you are taking appropriate action for discrimination or harassment issues.
4. Stay Updated: The EEOC may issue new guidance on how to apply the law in specific employment scenarios. It is important that you are aware of that guidance when it is released. Please follow K|W|W e-blasts or regularly check the K|W|W News site for any updates.
At K|W|W, we are tracking these fast-moving developments at both the federal and state levels. Please reach out to us if you have questions about the EEOC’s enforcement policies, need to review your current anti-discrimination or anti-harassment policies, or have concerns about how this development impacts your business.
K|W|W – Your Workforce. Our Priority.