Written by Robin E. Shea From Constangy Brooks Smith & Prophete LLP on Jan 27, 2026
It’s official.
UPDATE (1/23/26): The subscriber email with this blog post was delayed yesterday because of the nationwide Microsoft outage, which now appears to be resolved. Meanwhile, Law360 reported this morning that the EEOC actually voted to rescind in its entirety the Biden-era harassment guidance, not just the portions relating to transgender harassment. My take on the (now rescinded) harassment guidance is available here. Still no information about the vote on the EEOC website. Thanks, Robin
Bloomberg Law has just reported that the U.S. Equal Employment Opportunity Commission voted to rescind guidance on transgender discrimination that was issued during the Biden Administration. As I reported on Friday, the EEOC was scheduled to meet about this today.
The 2-1 vote was reportedly along party lines, with the two Republicans (including Chair Andrea Lucas) voting to rescind, and the one Democrat (Kalpana Kotagal) voting against it.
There is nothing on the EEOC website at this time, and the Bloomberg article does not contain additional details, but we will continue to monitor and keep you posted.
