The Equal Employment Opportunity Commission (EEOC) has issued its first updated enforcement guidance on workplace harassment in over 25 years, effective April 29, 2024. This landmark update incorporates Supreme Court precedents, extending anti-discrimination protections to LGBTQ+ workers and addressing evolving workplace harassment scenarios.

The new guidance emphasizes that workplace harassment goes beyond sexual harassment, including discrimination based on race, sex, religion, pregnancy, hair texture, transgender equity, and more. It replaces outdated documents and offers a comprehensive legal analysis for harassment claims under federal EEO statutes.

Key Updates and Area Covered:

• Defining Harassment: Understand what the EEOC considers harassment and actionable claims.
• Protected Characteristics: Learn how the Civil Rights Act of 1964 and related laws address discrimination based on race, gender, sexual orientation, pregnancy, and cultural expressions like hairstyles.
• Transgender Protections: Updates on issues like bathrooms, pronoun usage, and equity for transgender employees.
• Pregnancy-Related Discrimination: New clarity on employers' responsibilities regarding pregnancy and medical conditions.
• Stereotyping in Policies: Insights into combating biases that affect workplace regulations.
• Anti-Harassment Policy Creation: Steps to develop compliant and effective workplace policies.

Why This Matters to You:

The EEOC noted that since the Supreme Court held in 1986 that workplace harassment could constitute unlawful discrimination under Title VII of the Civil Rights Act of 1964, harassing conduct remains a serious problem in the workplace, representing more than one-third of the charges received by the EEOC over the last five years.

The enforcement guidance is broken down into the three components of a harassment claim: (1)  the covered bases and causation; (2) discrimination respecting a term, condition, or privilege of employment; and (3) liability.

In order for harassment to be actionable under federal EEO statutes, the individual must establish the conduct occurred because of a statutorily protected characteristic. This is based on an examination of the totality of the circumstances. The guidance outlines a number of principles that are used to determine whether harassing conduct is based on protected characteristics. In doing so, however, the guidance notes that not all principles will apply in every instance.

This guidance focuses on three components of harassment claims:

1. Covered Bases and Causation – Ensuring claims are based on protected characteristics.
2. Discrimination in Employment Terms – Evaluating the impact on workplace conditions.
3. Employer Liability – Determining accountability for unlawful harassment.

To take actionable steps, employers must understand the totality of circumstances outlined in the guidance and align their workplace policies to foster a compliant and inclusive environment.

Next Steps for Employers:

• Review and update anti-harassment policies.
• Educate HR teams and managers on the updated EEOC standards.
• Promote workplace equity and inclusion in compliance with federal regulations.

Stay ahead of workplace compliance by integrating the EEOC's latest insights into your policies. Ensure your organization aligns with the evolving standards of workplace protection and equity.

Who Will Benefit?

• All Employers
• Business Owners
• Company Leadership
• Compliance professionals
• HR Professionals
• Managers/Supervisors
• Employers in all industries
• Small Business Owners.