The April 2024 Guidance Builds on Previous Work, Addresses Legal Developments and Emerging Issues, Including Virtual Work Environments
The U.S. Equal Employment Opportunity Commission (EEOC) published final guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace.” By providing this resource on the legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC, the guidance will help people feel safe on the job and assist employers in creating respectful workplaces.
These laws protect covered employees from harassment based on race, color, religion, sex (including pregnancy, childbirth or related medical conditions; sexual orientation; and gender identity), national origin, disability, age (40 or older) or genetic information.
Since the Commission last issued guidance on workplace harassment, notable changes in the law have occurred, including the Supreme Court’s decision in Bostock v. Clayton County; the EEOC convened a bipartisan Select Task Force on Harassment in the Workplace and issued a detailed report setting forth its Co-Chairs’ findings and recommendations; and new issues have emerged, such as online harassment.
The new guidance updates, consolidates, and replaces the agency’s five guidance documents issued between 1987 and 1999 (for real, the last update was in 1999????), and serves as a single, unified agency resource on EEOC-enforced workplace harassment law. It reflects the Commission’s consideration of the robust public input that it received after the guidance was posted for public comment in fall 2023.
“Harassment, both in-person and online, remains a serious issue in America’s workplaces. The EEOC’s updated guidance on harassment is a comprehensive resource that brings together best practices for preventing and remedying harassment and clarifies recent developments in the law,” said EEOC Chair Charlotte A. Burrows. “The guidance incorporates public input from stakeholders across the country, is aligned with our Strategic Enforcement Plan, and will help ensure that individuals understand their workplace rights and responsibilities.”
Between fiscal years 2016 and 2023, more than a third of all discrimination charges received by the EEOC included an allegation of harassment based on race, sex, disability, or another characteristic covered by the laws enforced by the agency. Also, since fiscal year 2018, harassment has been alleged in over half of federal sector equal employment opportunity complaints. In addition, among the 143 merits lawsuits that the Commission filed in fiscal year 2023, approximately 35% of those cases included an allegation of harassment.
- This updated official protections for transgender workers related to misgendering and the denial of bathroom access.
- This new guidance reflects the 2020 U.S Supreme Court’s decision in Bostock v. Clayton County, a landmark decision which held that Title VII’s prohibition on sex discrimination extends to bias based on sexual orientation and gender identity.
- The guidance, approved by a majority vote of the Commission, reflects the EEOC’s commitment to protecting persons who are particularly vulnerable and persons from underserved communities from employment discrimination.
- It includes over 70 examples illustrating unlawful harassment, including situations involving older workers, immigrant workers, and survivors of gender-based violence. It also illustrates how employees may be subjected to unlawful harassment not only by coworkers or supervisors, but also by customers, contractors, and other third parties.
- In addition, the guidance addresses the growth of virtual work environments and the increasing impact of digital technology and social media on how harassment occurs in the work environment.
Along with the final guidance, the EEOC issued several educational resources, including a “Summary of Key Provisions” document, document for employees, and a fact sheet for small businesses.
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