Federal Court Vacates Portions of EEOC Harassment Guidance

WASHINGTON -- On May 15, 2025, a Texas federal court held the Biden-EEOC’s expansion of the definition of “sex” in its Enforcement Guidance on Harassment in the Workplace was contrary to law (Texas, et al. v. EEOC, 2:24-CV-173 (N.D. Tex. May 15, 2025)). As a result, the court vacated portions of the guidance nationwide.

The EEOC previously issued the Enforcement Guidance on Harassment in the Workplace by a 3-2 vote in 2024. EEOC Acting Chair Andrea Lucas voted against the guidance and issued a dissent after it was approved by the EEOC majority. In particular, Lucas has been vocal in her opposition to portions of EEOC’s harassment guidance that took the enforcement position that harassing conduct under Title VII includes “denial of access to a bathroom or other sex-segregated facility consistent with [an] individual’s gender identity;” and that harassing conduct includes “repeated and intentional use of a name or pronoun inconsistent with [an] individual’s known gender identity.”

On January 20, 2025, in Executive Order 14168: “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” President Trump directed the EEOC to rescind portions of the guidance that conflicted with the executive order. However, any modification or recission must be approved by a majority vote of the Commission, and as of January 27, 2025, the EEOC lacks a quorum. Acting Chair Lucas has made clear that she remains opposed to those portions of the guidance.

Because the EEOC cannot rescind or modify the Enforcement Guidance on Harassment in the Workplace at this time, to assist the public following the federal court decision, the EEOC has labeled and shaded the vacated portions of the guidance on the agency’s website. The EEOC continues to review its documents to ensure full compliance with the court order.

The EEOC is the sole federal agency authorized to investigate and litigate against private companies and other private employers for violations of federal laws prohibiting employment discrimination. For public employers, the EEOC shares jurisdiction with the Department of Justice’s Civil Rights Division; the EEOC is responsible for investigating public sector charges before referring them to DOJ for potential litigation. The EEOC also is responsible for coordinating the federal government’s employment antidiscrimination effort. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.