Bass, Berry & Sims attorneys Tim Garrett and Tori Kline co-authored an article for HR Daily Advisor analyzing the Equal Employment Opportunity Commission’s (EEOC) rescission of its 2024 Enforcement Guidance on Harassment in the Workplace.
On January 22, the EEOC rescinded the 2024 guidance without a 30-day notice-and-comment period because of President Trump’s instruction in Executive Order 14168, a Texas court’s vacatur of provisions on sexual orientation and gender identity and an interpretation that the 2024 guidance constituted an impermissible legislative rulemaking.
“The rescission also prompted a legislative response seeking to counteract the effect of the rescission, an administrative decision exemplifying the EEOC’s new perspective, and a callout in a complaint filed by a former EEOC employee,” said Tim and Tori.
On February 12, members of Congress reintroduced the BE HEARD Act. “If enacted, this legislation would represent the most significant amendment to Title VII since the Lilly Ledbetter Fair Pay Act of 2009 and would codify protections that supporters argue were implicit in the Bostock decision,” the attorneys said.
The attorneys highlighted key 2026 case developments, including Selina S. v. Daniel Driscoll, Withrow v. United States of America and Seawright v. Lucas, that demonstrated how the rescission of the 2024 guidance is already reshaping Title VII litigation.
The attorneys advised employers that the rescission of the 2024 guidance does not alter the underlying law and outlined what employers can expect, including higher compliance costs, increased forum shopping and continued legal uncertainty.
“The EEOC has not yet indicated when, or if, it will issue narrower replacement guidance that addresses areas of broad consensus while leaving contested questions to the courts,” the attorneys mentioned.
The full article, “EEOC Rescinds 2024 Guidance on Harassment in the Workplace,” was published by HR Daily Advisor on June 8 and is available online.