Addresses Legal Developments and Emerging Issues, Including Virtual Work Environments
The U.S. Equal Employment Opportunity Commission (EEOC) recently 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 EEOC intends to help people feel safe on the job and assist employers in creating respectful workplaces.
The new guidance addresses federal laws that 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. It updates, consolidates, and replaces the agency’s five guidance documents issued between 1987 and 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.
The guidance 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.
The final guidance also highlights additional EEOC resources on workplace harassment, including the EEOC’s 2023 Promising Practices for Preventing Harassment in the Federal Sector technical assistance document, which provides practical tips for preventing and addressing harassment within the federal civilian workforce; the agency’s 2017 Promising Practices for Preventing Harassment technical assistance document; and the 2016 Report of the Co-Chairs of the Select Task Force on Harassment in the Workplace, which included findings and recommendations about harassment prevention strategies.
For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.