Dallas Employment Lawyer Blog
Dallas Employment Trial Lawyer Ellie Johnston
You may have seen headlines saying the Equal Employment Opportunity Commission (EEOC) has “rescinded” its workplace harassment guidance, especially guidance relating to LGBTQ+ employees. If that raised alarm bells for you, you’re not alone. Many Texas employees are wondering: Does this mean harassment is suddenly okay? Did my protections disappear?
The short answer is no. But the longer answer matters and understanding what actually changed (and what didn’t) can help you protect yourself at work.
What happened?
On January 22, 2026, the Equal Employment Opportunity Commission voted to rescind its 2024 Enforcement Guidance on Harassment in the Workplace. The vote followed earlier legal challenges and a shift in leadership at the agency.
The 2024 guidance addressed modern workplace issues like online harassment, remote work, and harassment targeting LGBTQ+ employees. Its rescission has led to a lot of confusion — but it’s important to understand what guidance is and what it isn’t.
Guidance is not the law
This is the most important takeaway: rescinding EEOC guidance does not change federal law.
The guidance was a non-binding document explaining how the EEOC interpreted existing laws and how it planned to enforce them. It did not create new rights, and it could not take rights away.
The core law governing workplace discrimination and harassment — Title VII of the Civil Rights Act of 1964 — is still fully in effect.
Courts, not the EEOC, decide what is legal or illegal discrimination. And courts are not required to follow the EEOC’s current enforcement preferences.
What protections still exist for Texas employees?
Federal law still prohibits workplace discrimination and harassment based on protected characteristics, including:
· Race
· Sex
· Religion
· National origin
· Disability
· Age (40 and over)
Importantly, the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, 590 U.S. 644 (2020), is still the law of the land. In that case, the Court held that discrimination against an employee for being gay or transgender is discrimination “because of sex” in violation of Title VII of the Civil Rights Act of 1964.
The EEOC’s guidance did not create that protection — and its rescission does not erase it.
Why Texas employees may feel the impact anyway
So if the law hasn’t changed, why does this matter?
Because enforcement priorities matter. When a federal agency signals a narrower view of worker protections, some employers may:
· Take complaints less seriously.
· Delay or minimize investigations.
· Claim that certain conduct is “no longer illegal.”
That doesn’t make those actions lawful, but it can make the process more difficult and intimidating for employees navigating discrimination or harassment.
In Texas, where most employment is at-will, this uncertainty can feel especially risky for workers who are already vulnerable.
What about LGBTQ+ protections specifically?
Some of the rescinded guidance addressed issues like pronoun usage, bathroom access, and gender expression at work. Courts — including a federal court in Texas — have disagreed on how broadly Bostock applies to these situations.
What’s important to know as an employee is this:
· Firing or punishing someone for being LGBTQ+ is still unlawful;
· Retaliation for reporting discrimination is still unlawful; and
· Harassment based on sex, including sexual orientation or gender identity, can still violate Title VII.
Even if the EEOC declines to pursue a claim, employees can still request a right-to-sue letter and bring a lawsuit themselves.
State and local laws still matter
Federal guidance is only one piece of the puzzle. Many states and cities have their own civil rights laws that prohibit discrimination and harassment, sometimes more explicitly than federal law.
In Texas, workplace discrimination and harassment claims can also be pursued under state law through the Texas Workforce Commission’s Civil Rights Division. Those laws were not affected by the EEOC’s decision and remain fully enforceable.
What should employees do now?
Given the current environment, Texas employees should be proactive:
· Document everything: save emails, texts, performance reviews, and notes about incidents.
· Report concerns in writing when possible.
· Watch for retaliation, especially after complaints.
· Get advice early — waiting can limit your options.
If an employer tells you that discrimination protections no longer apply, that’s a red flag worth investigating.
The bottom line
The EEOC’s rollback of harassment guidance does not mean harassment is legal, nor does it erase employee rights. What it does mean is that workers need to be informed, cautious, and empowered to advocate for themselves.
Your rights still exist. Knowing how to protect them matters!
If you have questions about how these changes may affect you, or if you’re dealing with a workplace issue and don’t know where to start, the employment attorneys at Rob Wiley, P.C. are here to help.
Call our office at (214) 528-6500 or visit our website to schedule a consultation with an experienced Texas employment attorney.