Update: EEOC Enforcement Guidance on Harassment in the Workplace
IIn April 2024, the EEOC published its final Guidance on harassment in the workplace, “Enforcement Guidance on Harassment in the Workplace.” This guidance supersedes its Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors issued in 1999.
The guidance explains harassment based on legally protected characteristics including: race, color, national origin, religion, sex (also involving pregnancy, childbirth or related medical condition and sexual orientation and gender identity), age, disability, genetic information, retaliation, and cross-bases issues (interclass harassment and intersectional harassment). It provides illustrations and examples of situations that could be harassing behavior for each of these protections.
The guidelines go on to explain how the harassing behavior must affect a “term, condition, or privilege” of employment including an explicit change to the terms or conditions of employment (quid pro quo harassment) as well as conduct that constructively changes the terms or condition of employment (hostile work environment harassment). They include a detailed discussion of Hostile Work Environment along with examples.
Recognizing the growth of virtual work environments, the EEOC in this guidance addresses the increasing impact of digital technology and social media on workplace harassment.
Key to this guidance is an extensive discussion of employer liability, including liability standards in cases alleging a hostile work environment and how an employer can establish an affirmative defense in these cases.
You can read the Enforcement Guidance on Harassment in the Workplace at https://www.eeoc.gov/laws/guidance/enforcement-guidance-harassment-workplace
For additional resources from the EEOC regarding harassment:
EEOC Harassment Home Page: https://www.eeoc.gov/harassment
EEOC Sexual Harassment Home Page: https://www.eeoc.gov/sexual-harassment
Small Business Fact Sheet: Harassment in the Workplace: https://www.eeoc.gov/small-business-fact-sheet-harassment-workplace
Questions and Answers for Employees: Harassment at Work: https://www.eeoc.gov/questions-and-answers-employees-harassment-work