Following a majority vote, the US Equal Employment Opportunity Commission (EEOC) invited the public to comment on its proposed “Enforcement Guidance on Harassment in the Workplace.” The Federal Register today posted for public inspection and, on Oct. 2 will publish, the EEOC’s notice of this proposed guidance and a request for comment. The proposed guidance is available for review at https://www.eeoc.gov/proposed-enforcement-guidance-harassment-workplace, and the public is invited to submit comments and view the document via the federal e-regulation website at https://www.regulations.gov/document/EEOC-2023-0005-0001 until Nov. 1. 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.
