EEOC Issues Proposed Enforcement Guidance on Harassment in the Workplace; Comments Due November 1

The Equal Employment Opportunity Commission (EEOC) has announced that proposed "Enforcement Guidance on Harassment in the Workplace" is available for public input. The EEOC first released a proposed guidance on workplace harassment for public comment in 2017, but it was not finalized. The updated proposed guidance reflects notable changes in law, including the Supreme Court’s decision in Bostock v. Clayton County, the #MeToo movement, and emerging issues, such as virtual or online harassment. 

The proposed guidance explains the legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC. These laws protect covered employees from harassment based on race, color, religion, sex (including sexual orientation, transgender status, and pregnancy), national origin, disability, age (40 and older) or genetic information. This proposal provides updated examples on a wide range of scenarios, incorporates updates throughout on 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 a hostile work environment. 

Notice of Availability in the Federal Register