EEOC Rescinds 2024 Harassment Guidance on Gender Identity—What Employers Need to Know
The Equal Employment Opportunity Commission (EEOC) recently voted to withdraw its 2024 workplace harassment guidance, which had classified intentional misgendering and denial of gender-affirming bathroom access as forms of illegal sex discrimination under Title VII of the Civil Rights Act. The rescission, led by EEOC Chair Andrea Lucas, reflects the Trump administration’s broader directive to remove what it has termed “gender ideology” from federal agency policy. Chair Lucas argued the prior guidance overstepped the Commission’s authority by effectively rewriting civil rights law rather than enforcing it.
The rollback was foreshadowed by a May 2025 federal court ruling out of Texas, which struck down the bathroom and pronoun provisions of the 2024 guidance as inconsistent with Title VII’s text and history. At that time, the EEOC lacked a quorum to act formally and simply removed the contested portions from its website. With Trump-appointed commissioners now seated, the agency has eliminated the guidance document entirely.
What Has—and Has Not—Changed
Employers should understand that this development does not wipe the slate clean on LGBTQ+-related employment law. Several important legal considerations remain in play.
The Supreme Court’s 2020 decision in Bostock v. Clayton County is unaffected by the EEOC’s action. Bostock remains controlling law and prohibits employers from taking adverse employment actions— termination, refusal to hire, and the like—against employees on the basis of sexual orientation or transgender status. The EEOC’s policy shift does not disturb that holding.
Additionally, federal courts are not bound by the EEOC’s current enforcement posture. A court could still find that harassment based on pronouns or gender identity constitutes actionable sex discrimination under Title VII, independent of any agency guidance. Employers who assume the rescission eliminates litigation exposure in this area do so at their peril.
Michigan Employers Face Additional Obligations
For employers operating in Michigan, the federal rollback does not reduce your compliance obligations under state law. The Elliott-Larsen Civil Rights Act was amended in 2023 to expressly include sexual orientation and gender identity and expression as protected characteristics. Michigan law therefore independently prohibits discrimination and harassment on these bases in employment, regardless of the EEOC’s current enforcement posture. Michigan employers must continue to ensure their anti-harassment policies, training programs, and workplace practices comply with Elliott-Larsen—and should not interpret the federal guidance rescission as any relaxation of their obligations under state law.
For employers with operations in other states, the same principle applies. Jurisdictions like California, New York, and Illinois maintain protections that similarly exceed the current federal baseline, and compliance with those laws is likewise unaffected by the EEOC’s action.
Practical Guidance for Employers
Given this shifting landscape, we recommend the following steps:
- Review your anti-harassment and anti-discrimination policies to ensure they reflect current legal requirements in each jurisdiction where you operate—in Michigan, that means full compliance with Elliott-Larsen’s gender identity and sexual orientation protections.
- Audit your multi-state compliance obligations, as state law requirements will frequently exceed what federal guidance currently mandates.
- Foster a workplace culture of professionalism and mutual respect, which remains your most reliable defense against harassment claims regardless of the regulatory environment.
We will continue to monitor further EEOC developments and judicial decisions in this area. If you have questions about how these changes affect your workforce policies, please contact our office.
Brett Miller
313.225.5316
millerbr@butzel.com
