Sixth Circuit Challenges NLRB’s Cemex Union Recognition Standard
March 25, 2026 | Mark Hudson
On January 22, 2026, the EEOC voted 2–1 to rescind its Enforcement Guidance on Harassment in the Workplace, effective immediately. Because the guidance was non-binding, this action does not change federal anti-harassment law or state harassment protections.
With the EEOC restored to full quorum, employers can expect renewed enforcement and policymaking, including:
- New guidance on DEI-related discrimination
- Increased focus on religious discrimination claims
- Updated positions on gender identity and sexual orientation harassment
- Potential revisions to the Pregnant Workers Fairness Act (PWFA)
- New pattern-or-practice litigation aligned with agency priorities
Employers should stay alert as EEOC enforcement activity increases.
Traliant helps organizations stay compliant with evolving EEOC priorities through comprehensive training to ensure employees and managers understand their federal and state responsibilities when addressing: