Other Federal Agency Updates
EEOC Updates
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APPLIES TO All Employers with 15+ Employees |
EFFECTIVE JAN 22, 2026 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
Since the Equal Employment Opportunity Commission (EEOC) has reached quorum, it has begun taking action. There was some recent activity of note to employers.
Harassment Guidance
The EEOC formally rescinded the entirety of its Enforcement Guidance on Harassment in the Workplace. The Guidance was last updated in 2024 to consolidate legal updates and other guidance. In 2025, a federal court blocked portions of the Guidance regarding sexual orientation and transgender status from being enforced on the basis that the EEOC exceeded his rulemaking authority. Rescission of the entire document reflects current Chair Lucas’ previously stated intention to remove or change the guidance. It is unclear at this time whether the EEOC will replace the Guidance. Regardless, employers should note that the EEOC’s rescission of its own guidance does not change federal or state law or the potential for employers to be sued under federal and state law for unlawful harassment.
Litigation Intervention
The EEOC issued a Resolution Concerning the Commission’s Authority to Commence or Intervene in Litigation, outlining when the agency will commence or intervene in pending litigation. Although Congress has long authorized the EEOC to intervene, the agency has for decades delegated most of that authority to its General Counsel, resulting in relatively few interventions. This new Resolution generally shifts authority back to the Commission itself, specifically requiring a majority vote following receipt of a recommendation from the EEOC’s General Counsel (e.g., in large expenditure cases, when taking a position contrary to precedent, when taking a position on unsettled or controversial law, or for any other reason). Employers should note that the EEOC is signaling its intention to more actively pursue litigation against employers.
If employers receive a claim from or litigation by the EEOC, employers should immediately engage their legal counsel to appropriate defend against the claim.
Action Items
- Have personnel trained on harassment and discrimination prevention requirements.
- Review claims with legal counsel for appropriate response.
DOJ Launches AI Litigation Task Force
In December 2025, President Trump issued an Executive Order directing the U.S. Attorney General to establish an Artificial Intelligence (AI) Litigation Task Force to challenge state laws that are considered to be “inconsistent” with federal AI policy. On January 9, 2026, Attorney General Pam Bondi announced the Task Force’s launch in an internal Department of Justice (DOJ) memorandum, indicating that the Task Force will review and challenge state AI requirements on grounds including federal preemption and interstate commerce concerns. The Task Force will be led by Bondi or her designee, and will include representatives from several senior DOJ offices. Announcement of the Task Force follows broader administration efforts to shift AI governance toward a centralized federal framework and reevaluate state-level AI regulations. Employers should continue to monitor the Task Force’s enforcement efforts.
OSHA Extends Compliance Dates for Hazard Communication Standard
The Occupational Safety and Health Administration (OSHA) has extended all compliance deadlines associated with the 2024 updates to the Hazard Communication Standard (HCS) by four months. The first deadline for manufacturers, importers, and distributors to update labels and Safety Data Sheets (SDSs) for substances has moved from January 19, 2026, to May 19, 2026, and the corresponding employer deadline for workplace labeling, safety program updates, and training has shifted from July 20, 2026, to November 20, 2026. For mixtures, the manufacturer/importer/distributor deadline is now November 19, 2027 (formerly July 19, 2027), and the employer deadline has been extended to May 19, 2028 (formerly January 19, 2028). OSHA explained that these extensions allow time for the agency to finalize and publish guidance materials before the revised requirements take effect.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase