EEOC Releases Workplace Guidance to Prevent Harassment
May 22, 2024
EEOC Releases Workplace Guidance to Prevent Harassment

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its final guidance on harassment in the workplace. The guidance explains how the EEOC may enforce equal employment opportunity (EEO) laws against an employer when workplace harassment is alleged or suspected.



Background

The EEO laws are a collection of federal laws that prohibit covered employers from discriminating against or harassing individuals based on certain characteristics. These characteristics, also known as protected traits, include race, color, religion, national origin, sex (including sexual orientation, gender identity and pregnancy, childbirth, or related medical conditions), disability, age (40 and older) and genetic information (including family medical history). 


Between 1987 and 1999, the EEOC issued several documents designed to guide agency staff members who investigate claims of harassment under EEO laws. The agency issued proposed enforcement guidance on these topics on Oct. 2, 2023. This final guidance consolidates and replaces the earlier documents.


Final Guidance

In its final guidance, the EEOC provides several updated examples to reflect a wide range of modern scenarios and address emerging issues, such as how social media posting and other online content may contribute to a hostile work environment. It also incorporates current case law, including the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, that discrimination on the basis of sexual orientation or gender identity constitutes sex discrimination in violation of Title VII of the Civil Rights Act of 1964 (one of the EEO laws).


The final guidance focuses on three main considerations to analyze in any workplace harassment claim:


  1. Whether the conduct is based on the individual’s legally protected trait;
  2. Whether the conduct resulted in a hostile work environment or explicit change to the terms or conditions of employment; and
  3. Whether there is any legal basis for holding the employer liable.

 

The guidance explains that an employer may be liable for workplace harassment under several legal standards that often depend on the harasser’s relationship with the employer. The guidance also describes preventive and corrective actions an employer may take to help establish defenses against liability for workplace harassment.


Employer Takeaways

Although the final guidance is not legally binding, it provides insight into how the EEOC will investigate harassment claims. The EEOC also identifies a number of steps employers can take to prevent harassment, such as:


  • Establishing a clear, easy-to-understand anti-harassment policy;
  • Having a safe and effective procedure that employees can use to report harassment, including having more than one option for reporting;
  • Providing recurring training to all employees (including supervisors and managers) about the company’s anti-harassment policy and complaint process; and
  • Taking steps to ensure the anti-harassment policy is being followed and the complaint process is working.


Employers should consider reviewing and familiarizing themselves with the updated guidance. For additional information, employers may review other EEOC resources regarding workplace harassment, including:


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