In January of 2026, the Equal Employment Opportunity Commission (“EEOC”) voted to rescind its Enforcement Guidance on Harassment in the Workplace, an over-200-page document from the Biden-era EEOC that aimed to interpret what constitutes "workplace harassment” under federal law. But what does it mean that this guidance has been removed? Is harassment now lawful? Are things that were considered to be harassment no longer illegal? How should workplaces navigate future harassment claims without this guide?
Employment attorneys Mary Charlton and Chad Ayers respond to these crucial questions that many employers are now grappling with. Mary and Chad provide background on the EEOC’s role in the federal government, then explain what this removal will look like in practice and how organizations can best navigate this new landscape.
Tune in to hear Mary and Chad explore:
How the guidance helped to determine what constitutes “workplace harassment”
Who is most affected by the lack of this resource
How the withdrawal of the guidance was highly unorthodox
How Illinois law’s protections and requirements can help offset the rescinded federal interpretations
What steps employers can take to avoid harassment claims in the absence of this guidance
The EEOC’s actions have left employers and employees alike with a lack of clarity surrounding harassment law. Drop in on Mary and Chad’s conversation if you’d like to know how your business can move forward in this new uncertainty.
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Read Mary and Chad’s blog, “The EEOC Just Retracted Its Harassment Guidance. Does That Mean Guardrails on Workplace Harassment Are Now Gone?”
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