January 28, 2026
The U.S. Equal Employment Opportunity Commission’s decision to erase, rather than modify, detailed harassment guidance increases uncertainty by creating a compliance gap that the agency’s Republican leadership isn’t likely to fill, experts say.
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Pulling the whole thing down was a “stunning” decision, said Cohen Milstein Sellers & Toll PLLC partner Joseph M. Sellers, founder and co-chair of the worker-side firm’s civil rights and employment practice.
“It seemed precipitous for them to remove the entirety of the harassment guidance, which had been built on prior harassment guidance that had been in place for decades, now leaving the commission with no guidance with respect to workplace harassment,” Sellers said.
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That positioning suggests new Title VII harassment guidance isn’t likely on its way. Sellers of Cohen Milstein said their wholesale rejection of the harassment document makes him “seriously question whether they have any intention of replacing it with anything else.”
The law remains unchanged, and Title VII still protects against workplace harassment. However, a dearth of EEOC-endorsed materials on the subject creates uncertainty for employers and workers.
Read Wholesale Repeal Of EEOC Guidance Leaves Compliance Void .