It just got harder for LGBTQ+ people to address harassment at work

January 22, 2026

The Equal Employment Opportunity Commission voted 2-to-1 to eliminate comprehensive workplace harassment guidance that was released in 2024, a move that will particularly impact LGBTQ+ workers seeking recourse for discrimination. While the underlying civil rights laws remain unchanged, the removal of this 200-page document containing over 75 harassment scenarios and explanations will make it more expensive and time-consuming for affected workers to pursue justice through the courts rather than through free EEOC investigations. The decision followed President Trump's unprecedented firing of two Democratic commissioners before their terms ended and the subsequent appointment of conservative leadership, including Chair Andrea Lucas who has openly opposed protections for gender-diverse individuals.

Who is affected

LGBTQ+ workers who experience workplace harassment related to gender identity and sexuality
All workers who experience harassment related to gender, race, or ethnicity in the workplace
Women, Black people, and other people of color who face harassment at disproportionately high rates
Employers, particularly small businesses, trying to understand their legal responsibilities
Two Democratic EEOC commissioners (fired before their terms ended)
Kalpana Kotagal (the only remaining Democratic commissioner)

What action is being taken

The EEOC voted to rescind the 2024 workplace harassment guidance
Chair Andrea Lucas is signaling enforcement priorities related to curtailing diversity, equity and inclusion efforts
Lucas is urging White men to report workplace harassment related to their race or gender

Why it matters

The rescission makes it significantly more expensive and time-consuming for workers to pursue harassment cases, as they will need to go through the court system rather than receiving free EEOC investigations and complaint resolutions. While the underlying civil rights laws remain in place, the removal of detailed guidance leaves both workers and employers without clear explanations of how to apply these protections, particularly regarding LGBTQ+ workplace rights that were clarified following the 2020 Supreme Court Bostock decision. The move represents a shift in the agency's enforcement priorities away from protecting vulnerable populations who experience harassment at disproportionately high rates.

What's next

No explicit next steps stated in the article

Read full article from source: The 19th