In late January, the U.S. Equal Employment Opportunity Commission (EEOC) voted to rescind its 2024 Enforcement Guidance on Harassment in the Workplace (“2024 Harassment Guidance”). In a 2-1 vote, Chair Andrea Lucas and Commissioner Brittany Panuccio voted for rescission, while Commissioner Kalpana Kotagal dissented. Lucas emphasized that rescinding the guidance wouldn’t strip workers of any rights or remedies and highlighted that “the EEOC will not tolerate unlawful harassment.”
The Story Behind the 2024 Harassment Guidance
The 2024 Harassment Guidance had outlined how federal anti-discrimination laws, including Title VII of the Civil Rights Act, apply to workplace harassment based on federally-protected characteristics including race, color, national origin, religion, sex, age, disability, genetic information, and retaliation. Notably, drawing on the Supreme Court’s decision in Bostock v. Clayton County, the 2024 Harassment Guidance interpreted the EEOC’s position that federal protection from workplace discrimination based on sex extends to sexual orientation and gender identity.
Examples of this kind of discrimination include intentional misuse of someone’s pronouns or denying access to bathrooms consistent with their gender identity. For employers, the document served as a helpful compliance handbook. It provided insights into how the EEOC assessed compliance, set out more than 70 real-world examples of potentially-unlawful conduct, and gave tips on how to avoid common mistakes.
However, that expansion drew legal challenges and in 2025, a federal court in Texas vacated portions of the 2024 Harassment Guidance. The court found the EEOC had exceeded its statutory authority by expanding the definition of sex beyond the text of the law. Ultimately, the document’s rescission comes in the wake of the Trump Administration’s issuance of Executive Order 14168 which declared that “the policy of the United States is to recognize two sexes, male and female,” and directed federal agencies to “enforce all sex-protective laws to promote this reality.”
New York Employers Need to Remain Vigilant
Importantly, employers need to remember that the cancellation of the 2024 Harassment Guidance doesn’t rescind, modify, or otherwise change federal statutes prohibiting discrimination, harassment, or retaliation based on protected characteristics. As EEOC Chair Lucas stressed, they’ll continue to enforce Title VII based on what courts and Congress have established.
Moreover, employers still are subject to State and – sometimes – local fair employment practice laws such as New York’s Human Rights Law. As a reminder for New York employers, New York prohibits workplace discrimination based on age, arrest record, citizenship or immigration status, conviction records, creed/religion, disability, status as a victim of domestic violence, familial status, gender identity or expression, lawful source of income, marital status, national origin, predisposing genetic characteristics, pregnancy-related condition, race/color, sex, sexual orientation, or being victim of retaliation.
In addition, New York is far more employee-friendly than federal law in that it doesn’t follow the “severe or pervasive” standard for assessing harassment claims. In New York, behavior can be deemed harassing if it subjects individuals to inferior terms, conditions, or privileges of employment beyond “petty slights or trivial inconveniences.”
Practical Advice for New York Employers
Employers should be aware of all applicable anti-discrimination laws, whether federa or otherwise. Despite the rescission of the 2024 Harassment Guidance, employers still must comply with federal law as well as New York anti-discrimination laws. That said, now may be the time to review workplace policies and training on anti-discrimination. A review of relevant workplace policies and employee handbooks can go a long way to ensure continued compliance with federal, New York state, and local laws.
One thing is certain: Title VII and the New York Human Rights Law remain current and enforceable in New York. Employers should remember that just because changes at the federal level may reduce compliance obligations, it doesn’t necessarily mean they’re scot-free.
The Coppola Firm will be alert to any changes at the federal or New York State governments. Navigating the nuances of New York’s labor and employment laws can be challenging. And The Coppola Firm is here to help.
If you have any questions about workplace meetings or other aspects of employment law, feel free to contact us at 716.839.9700 or info@coppolalegal.com.
