Ep. 46 - Did the EEOC Just Change the Definition of Harassment?
From Making Work Better: Employment Law & Workplace Challenges by The Prinz Law Firm
February 19, 2026 · 23 min · Season 3 · Episode 46
About this episode
The episode discusses the EEOC's decision to rescind its Enforcement Guidance on Harassment in the Workplace and its implications.
In January of 2026, the Equal Employment Opportunity Commission ("EEOC") voted to rescind its Enforcement Guidance on Harassment in the Workplace, an over-200-page document from the Biden -era EEOC that aimed to interpret what constitutes "workplace harassment" under federal law . But what does it mean that this guidance has been removed? Is harassment now lawful? Are things that were considered to be harassment no longer illegal? How should workplaces navigate future harassment claims without this guide ? E mployment attorneys Mary Charlton and Chad Ayers respond to these crucial questions that many employers are now grappling with. Mary and Chad provide ba ckground on the EEOC's role in the federal government , then explain what this removal will look like in practice and how organ izations can best navigate this new landscape . Tune in to hear Mary and Chad explore: How the guidance help ed to determine what cons titutes "workplace harassment" Who i s most affected by the lack of this resource How the withdrawal of the guidance was highly unorthodox How Illinois law's protections and requirements can help offset the rescinded federal interpreta tion s What steps employers can…
Topics covered
- EEOC
- harassment
- employment law
- workplace challenges
Keywords
- workplace harassment
- federal law
- guidance removal
Mentioned in this episode
Books & works: The EEOC Just Retracted Its Harassment Guidance
Places: Illinois
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