HR Dive Quotes Sam Schwartz‑Fenwick and Andrew Scroggins on EEOC’s Rescinded Harassment Guidance

HR Dive featured Sam Schwartz‑Fenwick, co‑chair of Seyfarth’s Cultural Flashpoints taskforce, and Andrew Scroggins, co‑chair of the firm’s Complex Discrimination Litigation practice group, in its February 3 article, “With EEOC’s harassment guidance gone, employers could be ‘in a bind.’” The piece explores how the EEOC’s withdrawal of its 2024 harassment guidance creates new uncertainties for employers navigating workplace conduct and accommodation obligations.

Scroggins discussed why aspects of the rescinded guidance remain instructive for employers, noting: “Whether that’s still endorsed by the EEOC or posted on its website or not, doesn’t change that these are still potential teaching and education tools that employers and employees can refer to.”

Schwartz‑Fenwick highlighted the shifting framework around sex‑segregated facilities and the potential for new legal challenges, emphasizing: “If EEOC issues guidance based on such a theory, I think that automatically, there will be efforts to enjoin that.”

For a broader look at how the agency’s evolving enforcement priorities may shape litigation risk in the coming year, Seyfarth’s newly released 2026 EEOC-Initiated Litigation Report provides key insights and data for employers.

The full article is available here.