EEOC Releases Workplace Guidance to Prevent Harassment

The Equal Employment Opportunity Commission (EEOC) has released final enforcement guidance on harassment in the workplace. Federal employment discrimination laws enforced by the EEOC protect covered employees from harassment based on race, color, religion, sex (including pregnancy, childbirth or related medical conditions; sexual orientation; and gender identity), national origin, disability, age (40 or older) or genetic information. The guidance, approved by a majority vote of EEOC, includes over 70 examples illustrating unlawful harassment, including situations involving older workers, immigrant workers, and survivors of gender-based violence. The new final guidance updates, consolidates, and replaces 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 EEOC’s consideration of public input that it received after the guidance was posted for public comment in fall 2023.

• How employees may be subjected to unlawful harassment not only by coworkers or supervisors, but also by customers, contractors, and other third parties.
• Legal standards and employer liability applicable to harassment claims.
• Impact of digital technology and social media on how harassment occurs in virtual work environments.

Additional Information

• News release
• Summary of key provisions
• FAQs for employees 
• Fact sheet for small businesses