Donald Schroeder Discusses Viability of EEOC Workplace Harassment Guidance

Foley & Lardner LLP partner Donald Schroeder commented on the viability of the U.S. Equal Employment Opportunity Commission’s 2024 workplace harassment guidance amid likely leadership changes at the commission and pending legal challenges in the Law360 article, “What’s In Store For EEOC Workplace Harassment Guidance.”

Schroeder said that while newly appointed Republican leaders will want to shift the agency’s direction, not much can happen while Democrats retain a majority of the commission’s seats.

“I think the Democrats on the commission will be able to prevent seismic change for 2025,” Schroeder explained. “Now, do I think once there’s a Republican majority on the commission, will there be some shift? Yes…I’d be surprised to see the anti-harassment guidance shelved or rescinded in the short term.”

“They certainly have the ability to shape the agenda, right, the chair and the general counsel,” Schroeder continued. “Do I think that’s going to impact which cases are brought, or which cases where they seek enforcement? Absolutely. Do I think the Democratic majority can try to cause a vote internally to bring certain matters to the fore? I do. The question is how active are they going to be in that regard.”

Schroeder noted that the EEOC’s finances can be a key indicator of the kinds of harassment cases the agency pursues, highlighting that the commission’s scope will be limited as its funding will likely be reduced.

“I think that’s a foregone conclusion,” he added.

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