'Senseless Betrayal' of Workers as Trump Agency Scraps Anti-Harassment Guidance With No Public Input
"Trump-installed Chair Andrea Lucas orchestrated this rescission through the back door, refusing to issue the opportunity for public comment."
The Trump administration, quietly and with no public input, voted Thursday to scrap federal guidance aimed at clarifying and bolstering anti-harassment protections on the job, a move that rights advocates condemned as yet another destructive attack on workers.
The US Equal Employment Opportunity Commission (EEOC), which President Donald Trump targeted last year by firing two of its Democratic commissioners before their terms were up, voted 2-1 to rescind the anti-harassment guidance approved under the Biden administration.
Unlike the approval process, which garnered tens of thousands of public comments, the decision by Republicans on the EEOC to completely scrap the guidance was made without any feedback from the American public.
Noreen Farrell, executive director of Equal Rights Advocates (ERA), said in a statement that the Trump administration is "abandoning millions of workers who face harassment on the job and sending a clear message that this administration will not lift a finger to protect them."
"Trump-installed Chair Andrea Lucas orchestrated this rescission through the back door, refusing to issue the opportunity for public comment," said Noreen Farrell, executive director of Equal Rights Advocates (ERA). "Requests for meetings to discuss the rescission, including ERA’s request, were canceled. This administration does not want to hear from the workers it is abandoning."
"The Trump administration’s rescission of the EEOC workplace harassment guidance is about weaponizing a civil rights agency against the very people it was created to protect," Farrell added.
Ahead of Thursday's vote, Lucas was vocal in her opposition to the portions of the 2024 guidance that clarified the illegality of workplace harassment based on gender identity. Under Lucas' leadership, the EEOC last year moved to drop virtually every lawsuit the agency had filed in the previous year over discrimination against transgender workers.
Late last year, Lucas reportedly received a green light from the Trump White House to pursue the complete rescission of the 2024 guidance—not just the sections related to sexual orientation and gender identity, which had already been vacated by a federal court.
Commissioner Kalpana Kotagal, the EEOC's only Democrat and the lone vote against rescinding the guidance, lamented that "instead of adopting a thoughtful and surgical approach to excise the sections the majority disagrees with or suggest an alternative, the commission is throwing out the baby with the bathwater."
"Worse, it is doing so without public input," Kotagal added.
"This move will leave the commission enforcing guidance from a time when gay marriage was illegal and most people didn’t have internet at home."
US Sen. Patty Murray (D-Wash.), a senior member and former chair of the Senate Health, Education, Labor, and Pensions Committee, said in a statement that the guidance rescission "is a senseless betrayal from an administration doing everything it can to make working people’s lives harder at every turn."
"While this move doesn’t change the underlying law, this administration is turning back the clock decades by abandoning robust enforcement of sexual harassment in the workplace—this hurts everyone and helps no one," said Murray. "Andrea Lucas is openly waging war on the independence and basic mission of the EEOC—and this move will leave the commission enforcing guidance from a time when gay marriage was illegal and most people didn’t have internet at home."
“Whether it’s protecting sexual predators in the Epstein files, promoting alleged abusers to the highest offices in government, or getting rid of basic standards to protect workers against harassment, this administration has proven time and again that they couldn’t care less about workers, women, or victims of abuse," the senator added. "Under Trump, the EEOC is taking the side of abusers over working people just trying to do their jobs. We can’t let this get swept under the rug."