On Sept. 29, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) published its proposed “Enforcement Guidance on Harassment in the Workplace.” The proposed guidance provides a legal analysis of standards for harassment and employer liability for harassment claims under federal employment discrimination laws enforced by the agency. Once finalized, the guidance will not have the binding force of the law. Rather, it’s intended to provide clarity to the public about EEOC policies and existing requirements under the law. The commission has invited the public to comment on the proposed harassment guidance. The proposed guidance was set to be published in the Federal Register on Oct. 2, 2023, and the public has until Nov. 1, 2023, to view the document and submit comments.
“Between fiscal years 2016 and 2022, more than one-third of charges received by the EEOC included an allegation of harassment.” – EEOC press release
The EEOC’s proposed guidance was first released for public comment in 2017, but it wasn’t finalized. The current proposal has been updated to provide a range of scenarios incorporating updates to current case law (e.g., the Supreme Court’s decision in Bostock v. Clayton County) and developing issues, such as virtual and online harassment and the #MeToo movement.
The proposed guidance explains the legal standards and employer liability to harassment claims under federal employment discrimination laws, which protect covered employees from harassment based on color, race, religion, sex, national origin, disability age (40 and older), and genetic information.
Next Steps
The public comment period for the EEOC’s proposed guidance is currently scheduled to remain open until Nov. 1, 2023. Comments can be submitted via the Federal eRulemaking Portal by mail, fax, and email. Visit https://www.eeoc.gov/ for more information on workplace harassment.
We’ll keep you apprised of any notable updates.
