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Articles

Trump Administration Withdraws EEOC Guidance as to Harassment Based on Gender Identity or Sexual Orientation

The Legal Intelligencer | ALM

  • Published On: March 9, 2026

The Trump administration has officially withdrawn Biden administration guidance on whether harassment based on sexual orientation and gender identity is unlawful.

The withdrawal occurred on Jan. 22, 2026, during a public agency hearing, when Equal Employment Opportunity Commission (EEOC) Chair Andrea Lucas and her fellow Republican appointee, Commissioner Brittany Panuccio, voted in favor of recalling the 2024 anti-harassment guidance that recognized harassment based on sexual orientation and gender identity as unlawful under Title VII of the Civil Rights Act of 1964.

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