EEOC Issues Proposed Enforcement Guidance on Harassment in the Workplace; Comments Due November 1
Published October 03, 2023
The Equal Employment Opportunity Commission (EEOC) has announced that proposed "Enforcement Guidance on Harassment in the Workplace"
is available for public input. The EEOC first released a proposed
guidance on workplace harassment for public comment in 2017, but it was
not finalized. The updated proposed guidance reflects notable changes in
law, including the Supreme Court’s decision in Bostock v. Clayton
County, the #MeToo movement, and emerging issues, such as virtual or
online harassment.
The proposed guidance
explains the legal standards and employer liability applicable to
harassment claims under the federal employment discrimination laws
enforced by the EEOC. These laws protect covered employees from
harassment based on race, color, religion, sex (including sexual
orientation, transgender status, and pregnancy), national origin,
disability, age (40 and older) or genetic information. This
proposal provides updated examples on a wide range of scenarios,
incorporates updates throughout on current case law on workplace
harassment, and addresses the proliferation of digital technology and
how social media postings and other online content can contribute to a
hostile work environment.
Comments are due November 1.