In case you hadn’t see the news, on January 22, 20226 the EEOC voted 2-1 to rescind its 2024 harassment guidance. https://www.eeoc.gov/newsroom/eeoc-commission-votes-rescind-2024-harassment-guidance
But what takes the place of the erstwhile guidance? The 2024 document superseded Compliance Manual Section 615: Harassment (1987); Policy Guidance on Current Issues of Sexual Harassment (1990); Policy Guidance on Employer Liability under Title VII for Sexual Favoritism (1990); Enforcement Guidance on Harris v. Forklift Sys., Inc. (1994); and Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors (1999). Do those old guidance documents now come back to life, Lazarus-like?
I took a look at the EEOC website, and those superseded documents are not posted. So, what rules will the EEOC use to gauge harassment in 2026?
