On April 29, 2024, the US Equal Employment Opportunity Commission (EEOC) published final guidance on harassment in the workplace. The document, titled “Enforcement Guidance on Harassment in the Workplace,” builds upon prior work and covers legal developments and emerging issues, including those related to virtual work environments.
The guidance aims to provide clarity on the legal standards and employer liability associated with harassment claims under federal employment discrimination laws enforced by the EEOC. It is designed to help employees feel safe in their work environment and assist employers in creating respectful workplaces. The laws 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 new guidance updates, consolidates, and replaces the EEOC’s five guidance documents issued between 1987 and 1999, and is meant to serve as a single, unified agency resource on EEOC-enforced workplace harassment law. Notable changes in the law have occurred since the last guidance on workplace harassment. New issues, such as online harassment, have emerged.
The guidance includes over 70 examples illustrating unlawful harassment, including situations involving older workers, immigrant workers, and survivors of gender-based violence. It also illustrates how employees may be subjected to unlawful harassment not only by coworkers or supervisors, but also by customers, contractors, and other third parties. In addition, it addresses the growth of virtual work environments and the increasing impact of digital technology and social media on how harassment occurs in the work environment.
You can access the guidance here. The EEOC also issued several educational resources, including a “Summary of Key Provisions” document, document for employees, and a fact sheet for small businesses.
Compliance Perspective
Issue
Between fiscal years 2016 and 2023, more than a third of all discrimination charges received by the EEOC included an allegation of harassment based on race, sex, disability, or another characteristic covered by the laws enforced by the agency. Also, since fiscal year 2018, harassment has been alleged in over half of federal sector equal employment opportunity complaints. In addition, among the 143 merits lawsuits that the Commission filed in fiscal year 2023, approximately 35 percent of those cases included an allegation of harassment. A complaint of harassment must be investigated promptly and impartially. Participating in a complaint process is protected from retaliation under all circumstances.
Discussion Points
- Review policies and procedures for prevention of any type of discrimination and harassment. Also review policies and procedures on nonretaliation. Update your policies as needed.
- Train staff on what is considered harassment and their role in promptly reporting all types of harassment to a supervisor, the compliance and ethics officer, or through the facility’s hotline. Train supervisors and the compliance and ethics officer on their role when harassment has been reported to them by an employee. Stress the importance of nonretaliation. Document that these trainings occurred and file the signed documents in each employee’s education file.
- Periodically audit by anonymously polling staff to determine if they are being harassed or experiencing discrimination and ask if they feel free to report such instances without fear of retaliation or retribution.
*This news alert has been prepared by Med-Net Concepts, LLC for informational purposes only and is not intended to provide legal advice.*
