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Harassment Redefined: EEOC's Progressive Approach to Workplace Harassment

In this era of evolving workplace culture, marked by significant shifts due to legislative changes, pivotal Supreme Court decisions, the transformative #MeToo movement, and the disruptive impact of COVID-19, the Equal Employment Opportunity Commission (EEOC) has chosen not to be left behind. In response to these developments, the EEOC has issued proposed guidance which provides its contemporary interpretation of workplace harassment.

While this proposed guidance, if adopted, will not automatically have the force and effect of law, the guidelines should be used by employers when updating and drafting workplace policies.

Expansive Definition of Workplace Harassment to Protect Gender Identity

The proposed EEOC guidance expands the definition of sex-based harassment to extend protection to the LGBTQIA+ community. Based on a 2020 Supreme Court decision, sex-based discrimination extends to a person’s sexual orientation and gender identity.

As the new guidance makes clear, harassment based on sex could include using epithets regarding sexual orientation or gender identity; intentionally and repeatedly using a name or pronoun inconsistent with an employee’s gender identity (misgendering); denying an employee access to a bathroom or other sex-segregated facility consistent with the employee’s gender identity; harassing an employee due to their not presenting in a manner that would stereotypically be associated with that person’s gender.

Expansive Definition of Workplace Harassment to Protect Women’s Reproductive Rights

Harassment based on sex now includes harassment based on pregnancy, childbirth, or related medical conditions, such as lactation. This change harmonizes the proposed EEOC guidance with the recently enacted Federal Pregnant Workers Fairness Act.

Additionally, harassing a woman based on her reproductive right decisions, such as her use or non-use of contraceptives or decisions concerning abortions, may also constitute unlawful conduct under Federal anti-discrimination laws.

Expansion of Places Where Workplace Harassment May Occur

The EEOC’s proposed guidance clarifies that harassment may include conduct that occurs in a work-related context outside of an employee’s regular workplace. Per the guidance, an employer could be responsible for harassment occurring during an annual holiday party in a private restaurant, or at an employer-required training that is not conducted at the employer’s place of business.

Similarly, conduct within a virtual work environment or conveyed using work-related systems, such as an employer’s email, instant messaging, video conferencing, or intranet, could give rise to a harassment claim.

Even conduct that is not work related may constitute harassment if such conduct has an impact on the workplace. The proposed guidance suggests that employee encounters outside of the workplace and on social media platforms could create an unlawful hostile work environment.

Key Takeaways

Overall, the proposed EEOC guidance is not a startling revelation, but merely a reflection of the current legal landscape impacting the modern workplace. The proposed guidance also serves as a signal to employers to regularly review and update policies/handbooks and to conduct supervisor and employee training to remain in compliance with the ever-changing Federal law and guidelines. 

Harassment Redefined: EEOC's Progressive Approach to Workplace Harassment

In this era of evolving workplace culture, marked by significant shifts due to legislative changes, pivotal Supreme Court decisions, the transformative #MeToo movement, and the disruptive impact of COVID-19, the Equal Employment Opportunity Commission (EEOC) has chosen not to be left behind. In response to these developments, the EEOC has issued proposed guidance which provides its contemporary interpretation of workplace harassment.

While this proposed guidance, if adopted, will not automatically have the force and effect of law, the guidelines should be used by employers when updating and drafting workplace policies.

Expansive Definition of Workplace Harassment to Protect Gender Identity

The proposed EEOC guidance expands the definition of sex-based harassment to extend protection to the LGBTQIA+ community. Based on a 2020 Supreme Court decision, sex-based discrimination extends to a person’s sexual orientation and gender identity.

As the new guidance makes clear, harassment based on sex could include using epithets regarding sexual orientation or gender identity; intentionally and repeatedly using a name or pronoun inconsistent with an employee’s gender identity (misgendering); denying an employee access to a bathroom or other sex-segregated facility consistent with the employee’s gender identity; harassing an employee due to their not presenting in a manner that would stereotypically be associated with that person’s gender.

Expansive Definition of Workplace Harassment to Protect Women’s Reproductive Rights

Harassment based on sex now includes harassment based on pregnancy, childbirth, or related medical conditions, such as lactation. This change harmonizes the proposed EEOC guidance with the recently enacted Federal Pregnant Workers Fairness Act.

Additionally, harassing a woman based on her reproductive right decisions, such as her use or non-use of contraceptives or decisions concerning abortions, may also constitute unlawful conduct under Federal anti-discrimination laws.

Expansion of Places Where Workplace Harassment May Occur

The EEOC’s proposed guidance clarifies that harassment may include conduct that occurs in a work-related context outside of an employee’s regular workplace. Per the guidance, an employer could be responsible for harassment occurring during an annual holiday party in a private restaurant, or at an employer-required training that is not conducted at the employer’s place of business.

Similarly, conduct within a virtual work environment or conveyed using work-related systems, such as an employer’s email, instant messaging, video conferencing, or intranet, could give rise to a harassment claim.

Even conduct that is not work related may constitute harassment if such conduct has an impact on the workplace. The proposed guidance suggests that employee encounters outside of the workplace and on social media platforms could create an unlawful hostile work environment.

Key Takeaways

Overall, the proposed EEOC guidance is not a startling revelation, but merely a reflection of the current legal landscape impacting the modern workplace. The proposed guidance also serves as a signal to employers to regularly review and update policies/handbooks and to conduct supervisor and employee training to remain in compliance with the ever-changing Federal law and guidelines. 

Harassment Redefined: EEOC's Progressive Approach to Workplace Harassment

In this era of evolving workplace culture, marked by significant shifts due to legislative changes, pivotal Supreme Court decisions, the transformative #MeToo movement, and the disruptive impact of COVID-19, the Equal Employment Opportunity Commission (EEOC) has chosen not to be left behind. In response to these developments, the EEOC has issued proposed guidance which provides its contemporary interpretation of workplace harassment.

While this proposed guidance, if adopted, will not automatically have the force and effect of law, the guidelines should be used by employers when updating and drafting workplace policies.

Expansive Definition of Workplace Harassment to Protect Gender Identity

The proposed EEOC guidance expands the definition of sex-based harassment to extend protection to the LGBTQIA+ community. Based on a 2020 Supreme Court decision, sex-based discrimination extends to a person’s sexual orientation and gender identity.

As the new guidance makes clear, harassment based on sex could include using epithets regarding sexual orientation or gender identity; intentionally and repeatedly using a name or pronoun inconsistent with an employee’s gender identity (misgendering); denying an employee access to a bathroom or other sex-segregated facility consistent with the employee’s gender identity; harassing an employee due to their not presenting in a manner that would stereotypically be associated with that person’s gender.

Expansive Definition of Workplace Harassment to Protect Women’s Reproductive Rights

Harassment based on sex now includes harassment based on pregnancy, childbirth, or related medical conditions, such as lactation. This change harmonizes the proposed EEOC guidance with the recently enacted Federal Pregnant Workers Fairness Act.

Additionally, harassing a woman based on her reproductive right decisions, such as her use or non-use of contraceptives or decisions concerning abortions, may also constitute unlawful conduct under Federal anti-discrimination laws.

Expansion of Places Where Workplace Harassment May Occur

The EEOC’s proposed guidance clarifies that harassment may include conduct that occurs in a work-related context outside of an employee’s regular workplace. Per the guidance, an employer could be responsible for harassment occurring during an annual holiday party in a private restaurant, or at an employer-required training that is not conducted at the employer’s place of business.

Similarly, conduct within a virtual work environment or conveyed using work-related systems, such as an employer’s email, instant messaging, video conferencing, or intranet, could give rise to a harassment claim.

Even conduct that is not work related may constitute harassment if such conduct has an impact on the workplace. The proposed guidance suggests that employee encounters outside of the workplace and on social media platforms could create an unlawful hostile work environment.

Key Takeaways

Overall, the proposed EEOC guidance is not a startling revelation, but merely a reflection of the current legal landscape impacting the modern workplace. The proposed guidance also serves as a signal to employers to regularly review and update policies/handbooks and to conduct supervisor and employee training to remain in compliance with the ever-changing Federal law and guidelines. 

Harassment Redefined: EEOC's Progressive Approach to Workplace Harassment

In this era of evolving workplace culture, marked by significant shifts due to legislative changes, pivotal Supreme Court decisions, the transformative #MeToo movement, and the disruptive impact of COVID-19, the Equal Employment Opportunity Commission (EEOC) has chosen not to be left behind. In response to these developments, the EEOC has issued proposed guidance which provides its contemporary interpretation of workplace harassment.

While this proposed guidance, if adopted, will not automatically have the force and effect of law, the guidelines should be used by employers when updating and drafting workplace policies.

Expansive Definition of Workplace Harassment to Protect Gender Identity

The proposed EEOC guidance expands the definition of sex-based harassment to extend protection to the LGBTQIA+ community. Based on a 2020 Supreme Court decision, sex-based discrimination extends to a person’s sexual orientation and gender identity.

As the new guidance makes clear, harassment based on sex could include using epithets regarding sexual orientation or gender identity; intentionally and repeatedly using a name or pronoun inconsistent with an employee’s gender identity (misgendering); denying an employee access to a bathroom or other sex-segregated facility consistent with the employee’s gender identity; harassing an employee due to their not presenting in a manner that would stereotypically be associated with that person’s gender.

Expansive Definition of Workplace Harassment to Protect Women’s Reproductive Rights

Harassment based on sex now includes harassment based on pregnancy, childbirth, or related medical conditions, such as lactation. This change harmonizes the proposed EEOC guidance with the recently enacted Federal Pregnant Workers Fairness Act.

Additionally, harassing a woman based on her reproductive right decisions, such as her use or non-use of contraceptives or decisions concerning abortions, may also constitute unlawful conduct under Federal anti-discrimination laws.

Expansion of Places Where Workplace Harassment May Occur

The EEOC’s proposed guidance clarifies that harassment may include conduct that occurs in a work-related context outside of an employee’s regular workplace. Per the guidance, an employer could be responsible for harassment occurring during an annual holiday party in a private restaurant, or at an employer-required training that is not conducted at the employer’s place of business.

Similarly, conduct within a virtual work environment or conveyed using work-related systems, such as an employer’s email, instant messaging, video conferencing, or intranet, could give rise to a harassment claim.

Even conduct that is not work related may constitute harassment if such conduct has an impact on the workplace. The proposed guidance suggests that employee encounters outside of the workplace and on social media platforms could create an unlawful hostile work environment.

Key Takeaways

Overall, the proposed EEOC guidance is not a startling revelation, but merely a reflection of the current legal landscape impacting the modern workplace. The proposed guidance also serves as a signal to employers to regularly review and update policies/handbooks and to conduct supervisor and employee training to remain in compliance with the ever-changing Federal law and guidelines. 

Harassment Redefined: EEOC's Progressive Approach to Workplace Harassment

In this era of evolving workplace culture, marked by significant shifts due to legislative changes, pivotal Supreme Court decisions, the transformative #MeToo movement, and the disruptive impact of COVID-19, the Equal Employment Opportunity Commission (EEOC) has chosen not to be left behind. In response to these developments, the EEOC has issued proposed guidance which provides its contemporary interpretation of workplace harassment.

While this proposed guidance, if adopted, will not automatically have the force and effect of law, the guidelines should be used by employers when updating and drafting workplace policies.

Expansive Definition of Workplace Harassment to Protect Gender Identity

The proposed EEOC guidance expands the definition of sex-based harassment to extend protection to the LGBTQIA+ community. Based on a 2020 Supreme Court decision, sex-based discrimination extends to a person’s sexual orientation and gender identity.

As the new guidance makes clear, harassment based on sex could include using epithets regarding sexual orientation or gender identity; intentionally and repeatedly using a name or pronoun inconsistent with an employee’s gender identity (misgendering); denying an employee access to a bathroom or other sex-segregated facility consistent with the employee’s gender identity; harassing an employee due to their not presenting in a manner that would stereotypically be associated with that person’s gender.

Expansive Definition of Workplace Harassment to Protect Women’s Reproductive Rights

Harassment based on sex now includes harassment based on pregnancy, childbirth, or related medical conditions, such as lactation. This change harmonizes the proposed EEOC guidance with the recently enacted Federal Pregnant Workers Fairness Act.

Additionally, harassing a woman based on her reproductive right decisions, such as her use or non-use of contraceptives or decisions concerning abortions, may also constitute unlawful conduct under Federal anti-discrimination laws.

Expansion of Places Where Workplace Harassment May Occur

The EEOC’s proposed guidance clarifies that harassment may include conduct that occurs in a work-related context outside of an employee’s regular workplace. Per the guidance, an employer could be responsible for harassment occurring during an annual holiday party in a private restaurant, or at an employer-required training that is not conducted at the employer’s place of business.

Similarly, conduct within a virtual work environment or conveyed using work-related systems, such as an employer’s email, instant messaging, video conferencing, or intranet, could give rise to a harassment claim.

Even conduct that is not work related may constitute harassment if such conduct has an impact on the workplace. The proposed guidance suggests that employee encounters outside of the workplace and on social media platforms could create an unlawful hostile work environment.

Key Takeaways

Overall, the proposed EEOC guidance is not a startling revelation, but merely a reflection of the current legal landscape impacting the modern workplace. The proposed guidance also serves as a signal to employers to regularly review and update policies/handbooks and to conduct supervisor and employee training to remain in compliance with the ever-changing Federal law and guidelines. 

Harassment Redefined: EEOC's Progressive Approach to Workplace Harassment

In this era of evolving workplace culture, marked by significant shifts due to legislative changes, pivotal Supreme Court decisions, the transformative #MeToo movement, and the disruptive impact of COVID-19, the Equal Employment Opportunity Commission (EEOC) has chosen not to be left behind. In response to these developments, the EEOC has issued proposed guidance which provides its contemporary interpretation of workplace harassment.

While this proposed guidance, if adopted, will not automatically have the force and effect of law, the guidelines should be used by employers when updating and drafting workplace policies.

Expansive Definition of Workplace Harassment to Protect Gender Identity

The proposed EEOC guidance expands the definition of sex-based harassment to extend protection to the LGBTQIA+ community. Based on a 2020 Supreme Court decision, sex-based discrimination extends to a person’s sexual orientation and gender identity.

As the new guidance makes clear, harassment based on sex could include using epithets regarding sexual orientation or gender identity; intentionally and repeatedly using a name or pronoun inconsistent with an employee’s gender identity (misgendering); denying an employee access to a bathroom or other sex-segregated facility consistent with the employee’s gender identity; harassing an employee due to their not presenting in a manner that would stereotypically be associated with that person’s gender.

Expansive Definition of Workplace Harassment to Protect Women’s Reproductive Rights

Harassment based on sex now includes harassment based on pregnancy, childbirth, or related medical conditions, such as lactation. This change harmonizes the proposed EEOC guidance with the recently enacted Federal Pregnant Workers Fairness Act.

Additionally, harassing a woman based on her reproductive right decisions, such as her use or non-use of contraceptives or decisions concerning abortions, may also constitute unlawful conduct under Federal anti-discrimination laws.

Expansion of Places Where Workplace Harassment May Occur

The EEOC’s proposed guidance clarifies that harassment may include conduct that occurs in a work-related context outside of an employee’s regular workplace. Per the guidance, an employer could be responsible for harassment occurring during an annual holiday party in a private restaurant, or at an employer-required training that is not conducted at the employer’s place of business.

Similarly, conduct within a virtual work environment or conveyed using work-related systems, such as an employer’s email, instant messaging, video conferencing, or intranet, could give rise to a harassment claim.

Even conduct that is not work related may constitute harassment if such conduct has an impact on the workplace. The proposed guidance suggests that employee encounters outside of the workplace and on social media platforms could create an unlawful hostile work environment.

Key Takeaways

Overall, the proposed EEOC guidance is not a startling revelation, but merely a reflection of the current legal landscape impacting the modern workplace. The proposed guidance also serves as a signal to employers to regularly review and update policies/handbooks and to conduct supervisor and employee training to remain in compliance with the ever-changing Federal law and guidelines.