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The EEOC’s Updated Guidance on Harassment in the Workplace: What Employers Need to Know
On April 29, the U.S. Equal Employment Opportunity Commission (EEOC) published its long-anticipated Enforcement Guidance on Harassment in the Workplace. The new guidance, the first issued by the EEOC on this topic in more than 30 years, supersedes five previous guidance documents issued in the 1980s and 1990s and provides updated information as to what constitutes workplace harassment. It also addresses the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, Georgia in which the Court determined that Title VII of the Civil Rights Act protects employees from discrimination on the basis of their sexual orientation and gender identity.
The new resource covers the legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC. According to the EEOC, “the guidance will help people feel safe on the job and assist employers in creating respectful workplaces.”
The new guidance updates, consolidates, and replaces the EEOC’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.
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