Changes to employers’ responsibilities to prevent harassment in the workplace are detailed in updated guidance proposed Friday by the Equal Employment Opportunity Commission.
The proposed guidance is scheduled to be published in the Federal Register today and also is available for review on the EEOC website and as a PDF. The public is invited to submit comments through Nov. 1.
The EEOC said that the updated proposed guidance reflects notable changes in the law, including the Supreme Court’s decision in Bostock v. Clayton County holding that Title VII protects gay and transgender workers from workplace discriminatio, the #MeToo movement and emerging issues such as virtual and online harassment.
It explains the legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC. Those laws protect covered employees from harassment based on race, color, religion, sex (including sexual orientation, transgender status and pregnancy), national origin, disability, age (40 or more years) and genetic information.
The updated guidance provides numerous new examples to reflect a wide range of harassment scenarios, incorporates changes throughout related to 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 hostile work environments.
“Preventing and addressing harassment in America’s workplaces has long been a key priority for the EEOC, and this guidance will provide clarity on new developments in the law and build on the commission’s previous work,” EEOC Chair Charlotte A. Burrows said in a statement. “The commission looks forward to receiving public input on the proposed enforcement guidance.”
The effort represents the second time in recent years that the EEOC has tried to put forth updated guidance on workplace harassment. In 2017, the commission issued a 75-page document explaining the legal standards applicable to harassment claims under federal employment discrimination laws. That earlier version “was reportedly held up by the Trump administration due to internal disagreements over LGBTQ+ worker protections and was never finalized,” Bloomberg Law reported.
