Over the last few days, I have spent a great deal of time researching the EEOC’s decision to rescind its 2024 harassment guidance. I did this because understanding these changes is not optional for HR professionals. We are expected to guide employers, protect employees, and reduce risk. When something this significant changes, we owe it to ourselves and to the people we serve to fully understand what it means, even when the answers are uncomfortable.

The 2024 EEOC guidance did not create new laws. What it did was explain, clearly and directly, how the EEOC viewed harassment under existing law. It included specific examples that named behaviors many people experience every day but often struggle to label as harmful. One of those examples addressed harassment tied to accents, speech patterns, and cultural characteristics connected to race or national origin. That clarity mattered because it affirmed something many employees already know from lived experience.

As someone who has an accent, that part of the guidance resonated deeply with me. The guidance made it clear that mocking accents, criticizing how someone speaks, or treating speech patterns as a problem can be a form of harassment. It said, plainly, that employees should not have to change who they are to feel safe at work. That clarity did not make me feel “protected” in theory. It made me feel seen and understood in practice.

When the EEOC rescinded the guidance, that clarity disappeared. The law did not change, but the explicit examples were removed from the EEOC’s official materials. Now, instead of being able to point to a federal agency document that clearly names accent related harassment as a risk, HR professionals must rely on interpretation, case law, and judgment. That shift may seem technical, but for employees, it can feel personal and unsettling.

For employees like me, the concern is not that protections no longer exist. The concern is that experiences once clearly named are now easier to question or minimize. Without guidance, someone might ask whether a comment about an accent was “really harassment” or just “feedback” or “a misunderstanding.” That gray space places more burden on the employee to explain why harm is harm.

For employers and HR professionals, this change increases responsibility. Without a clear EEOC roadmap, HR must be more intentional, more consistent, and more courageous. Recommendations now require stronger explanations rooted in risk, dignity, and the organization’s values. The safest path forward is not to lower standards, but to reinforce them internally, even when external guidance is gone.

The most honest takeaway is this. The removal of the 2024 guidance did not make harassment acceptable, but it did remove clarity that many people relied on. When clarity disappears, values matter more. Organizations that continue to name harm, address concerns early, and protect employees from subtle and overt harassment will be better positioned than those that wait for courts to define the boundaries after damage has already been done. In moments like this, strong HR leadership is not optional. It is essential.

As HR professionals, we need clarity, not decisions left to individual judgment, bias, prejudice, or personal opinion. Moving backward from clear guidance to uncertainty does not reduce risk. It increases it. That is my candid and professional opinion.

Do you want to know the key highlights of the 2024 EEOC Harassment Guidance (now rescinded from the EEOC website)? Don’t miss Part Two of this blog.

Even when guidance changes, our commitment to dignity, respect, and safety at work does not, and that leadership mindset is exactly what we develop in our 2-Day Employment Laws Certificate Program: https://hrtrainingclasses.com/product/2-day-employment-laws-certificate-program/

Elga Lejarza

Founder & CEO

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