The Equal Employment Opportunity Commission (EEOC) has released proposed "Enforcement Guidance on Harassment in the Workplace." The proposed guidance presents a legal analysis of the standards for harassment and employer liability under the laws enforced by the EEOC: the Age Discrimination in Employment Act of 1967 (ADEA), Titles I and V of the Americans with Disabilities Act of 1990 (ADA), the Equal Pay Act of 1963 (EPA), Sections 501 and 505 of the Rehabilitation Act of 1973, and Title VII of the Civil Rights Act of 1964 (Title VII). Public comments may be submitted to the EEOC until Nov. 1.
EEOC Proposes New Guidance on Harassment - Open for Public Comment Until Nov. 1
Husch Blackwell | Oct 2023
Press release EEOC Proposes Updated Workplace Harassment Guidance to Protect Workers
Proposed guidance Enforcement Guidance on Harassment in the Workplace
EEOC
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The EEOC drafted the proposed guidance through the lens of recent societal events, such as the #MeToo movement, and changes in law, including the 2020 U.S. Supreme Court ruling in Bostock v. Clayton County, which made discrimination on the basis of LGBTQ status a form of unlawful sex discrimination — the EEOC explained in a footnote in the proposed guidance that the reasoning in Bostock logically extends to claims of harassment.
EEOC Proposes Updates to Workplace Harassment Guidance
Vinson | Oct 2023
Notably, the new guidance emphasizes that harassment based on protected characteristics includes harassment based on social or cultural expectations regarding how people usually act, appear or behave, such as assumptions about racial, ethnic or other protected characteristics and sex-based assumptions about family responsibilities, suitability for leadership roles or sex roles.
EEOC Proposes Updates to Workplace Harassment Guidance
Armstrong | Oct 2023
The EEOC's proposed guidance is also replete with fact-specific examples of harassment for employers to review.
EEOC Proposes New Guidance to Help Employers Handle Evolving Harassment Issues
Phelps | Oct 2023
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