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EEOC Issues Final Guidance on Workplace Harassment

You may recall that the EEOC issued a proposed Enforcement Guidance on workplace harassment last year. Well, they issued the final Guidance in April, and it contains a number of items that will impact HR professionals.

  • Harassing an employee because she chooses to have an abortion – or chooses not to have an abortion – can constitute unlawful harassment based on sex/pregnancy.

  • To refuse to let a transgender employee use the restroom that corresponds with their gender identity constitutes unlawful harassment. 

  • “Repeated and intentional” misnaming or misgendering of a transgender employee can constitute unlawful harassment based on gender identity. 

  • Harassment based on “sex” includes harassment based on pregnancy or pregnancy-related conditions (including lactation, contraception, and abortion – either having one or not having one), sexual orientation, and gender identity. 

  • Harassment against someone because of a mistaken belief that they belong to a certain protected group constitutes actionable harassment. 

  • Harassing someone because they are closely associated with someone of a protected class constitutes actionable harassment. It also includes (“associational discrimination”: harassing a white employee because he is married to an Asian female). 

  • Perceptions of conduct can change over time, and conduct that was initially dismissed as poor attempts at humor can but become unwelcome when they persist. 

  • Accepting certain behavior from certain co-workers does not mean that similar behavior is not unwelcome when it comes from others. 

  • A single request for a date, or one attempt at religious proselytization, may not be harassing, but repeated overtures at some point could create a hostile work environment. 

  • On social media, the EEOC has taken the position that if an employee posts offensive material on his or her personal account but the post does not target co-workers, the post will not normally be considered harassing, even if co-workers see the post and are offended by it. On the other hand, if the employee’s offensive post does target particular co-workers, then it is likely to be considered harassing. 

  • An employer should not presume guilt just because the alleged harasser is a member of a particular protected group. (In the case of a man accused of sexual harassment, the employer should not presume that the accused is guilty just because he is a man.)  

This final Guidance includes a wealth of other good information, and a number of items that employers can incorporate into their worker training and investigation protocols. 

EEOC Issues Final Guidance on Workplace Harassment

You may recall that the EEOC issued a proposed Enforcement Guidance on workplace harassment last year. Well, they issued the final Guidance in April, and it contains a number of items that will impact HR professionals.

  • Harassing an employee because she chooses to have an abortion – or chooses not to have an abortion – can constitute unlawful harassment based on sex/pregnancy.

  • To refuse to let a transgender employee use the restroom that corresponds with their gender identity constitutes unlawful harassment. 

  • “Repeated and intentional” misnaming or misgendering of a transgender employee can constitute unlawful harassment based on gender identity. 

  • Harassment based on “sex” includes harassment based on pregnancy or pregnancy-related conditions (including lactation, contraception, and abortion – either having one or not having one), sexual orientation, and gender identity. 

  • Harassment against someone because of a mistaken belief that they belong to a certain protected group constitutes actionable harassment. 

  • Harassing someone because they are closely associated with someone of a protected class constitutes actionable harassment. It also includes (“associational discrimination”: harassing a white employee because he is married to an Asian female). 

  • Perceptions of conduct can change over time, and conduct that was initially dismissed as poor attempts at humor can but become unwelcome when they persist. 

  • Accepting certain behavior from certain co-workers does not mean that similar behavior is not unwelcome when it comes from others. 

  • A single request for a date, or one attempt at religious proselytization, may not be harassing, but repeated overtures at some point could create a hostile work environment. 

  • On social media, the EEOC has taken the position that if an employee posts offensive material on his or her personal account but the post does not target co-workers, the post will not normally be considered harassing, even if co-workers see the post and are offended by it. On the other hand, if the employee’s offensive post does target particular co-workers, then it is likely to be considered harassing. 

  • An employer should not presume guilt just because the alleged harasser is a member of a particular protected group. (In the case of a man accused of sexual harassment, the employer should not presume that the accused is guilty just because he is a man.)  

This final Guidance includes a wealth of other good information, and a number of items that employers can incorporate into their worker training and investigation protocols. 

EEOC Issues Final Guidance on Workplace Harassment

You may recall that the EEOC issued a proposed Enforcement Guidance on workplace harassment last year. Well, they issued the final Guidance in April, and it contains a number of items that will impact HR professionals.

  • Harassing an employee because she chooses to have an abortion – or chooses not to have an abortion – can constitute unlawful harassment based on sex/pregnancy.

  • To refuse to let a transgender employee use the restroom that corresponds with their gender identity constitutes unlawful harassment. 

  • “Repeated and intentional” misnaming or misgendering of a transgender employee can constitute unlawful harassment based on gender identity. 

  • Harassment based on “sex” includes harassment based on pregnancy or pregnancy-related conditions (including lactation, contraception, and abortion – either having one or not having one), sexual orientation, and gender identity. 

  • Harassment against someone because of a mistaken belief that they belong to a certain protected group constitutes actionable harassment. 

  • Harassing someone because they are closely associated with someone of a protected class constitutes actionable harassment. It also includes (“associational discrimination”: harassing a white employee because he is married to an Asian female). 

  • Perceptions of conduct can change over time, and conduct that was initially dismissed as poor attempts at humor can but become unwelcome when they persist. 

  • Accepting certain behavior from certain co-workers does not mean that similar behavior is not unwelcome when it comes from others. 

  • A single request for a date, or one attempt at religious proselytization, may not be harassing, but repeated overtures at some point could create a hostile work environment. 

  • On social media, the EEOC has taken the position that if an employee posts offensive material on his or her personal account but the post does not target co-workers, the post will not normally be considered harassing, even if co-workers see the post and are offended by it. On the other hand, if the employee’s offensive post does target particular co-workers, then it is likely to be considered harassing. 

  • An employer should not presume guilt just because the alleged harasser is a member of a particular protected group. (In the case of a man accused of sexual harassment, the employer should not presume that the accused is guilty just because he is a man.)  

This final Guidance includes a wealth of other good information, and a number of items that employers can incorporate into their worker training and investigation protocols. 

EEOC Issues Final Guidance on Workplace Harassment

You may recall that the EEOC issued a proposed Enforcement Guidance on workplace harassment last year. Well, they issued the final Guidance in April, and it contains a number of items that will impact HR professionals.

  • Harassing an employee because she chooses to have an abortion – or chooses not to have an abortion – can constitute unlawful harassment based on sex/pregnancy.

  • To refuse to let a transgender employee use the restroom that corresponds with their gender identity constitutes unlawful harassment. 

  • “Repeated and intentional” misnaming or misgendering of a transgender employee can constitute unlawful harassment based on gender identity. 

  • Harassment based on “sex” includes harassment based on pregnancy or pregnancy-related conditions (including lactation, contraception, and abortion – either having one or not having one), sexual orientation, and gender identity. 

  • Harassment against someone because of a mistaken belief that they belong to a certain protected group constitutes actionable harassment. 

  • Harassing someone because they are closely associated with someone of a protected class constitutes actionable harassment. It also includes (“associational discrimination”: harassing a white employee because he is married to an Asian female). 

  • Perceptions of conduct can change over time, and conduct that was initially dismissed as poor attempts at humor can but become unwelcome when they persist. 

  • Accepting certain behavior from certain co-workers does not mean that similar behavior is not unwelcome when it comes from others. 

  • A single request for a date, or one attempt at religious proselytization, may not be harassing, but repeated overtures at some point could create a hostile work environment. 

  • On social media, the EEOC has taken the position that if an employee posts offensive material on his or her personal account but the post does not target co-workers, the post will not normally be considered harassing, even if co-workers see the post and are offended by it. On the other hand, if the employee’s offensive post does target particular co-workers, then it is likely to be considered harassing. 

  • An employer should not presume guilt just because the alleged harasser is a member of a particular protected group. (In the case of a man accused of sexual harassment, the employer should not presume that the accused is guilty just because he is a man.)  

This final Guidance includes a wealth of other good information, and a number of items that employers can incorporate into their worker training and investigation protocols. 

EEOC Issues Final Guidance on Workplace Harassment

You may recall that the EEOC issued a proposed Enforcement Guidance on workplace harassment last year. Well, they issued the final Guidance in April, and it contains a number of items that will impact HR professionals.

  • Harassing an employee because she chooses to have an abortion – or chooses not to have an abortion – can constitute unlawful harassment based on sex/pregnancy.

  • To refuse to let a transgender employee use the restroom that corresponds with their gender identity constitutes unlawful harassment. 

  • “Repeated and intentional” misnaming or misgendering of a transgender employee can constitute unlawful harassment based on gender identity. 

  • Harassment based on “sex” includes harassment based on pregnancy or pregnancy-related conditions (including lactation, contraception, and abortion – either having one or not having one), sexual orientation, and gender identity. 

  • Harassment against someone because of a mistaken belief that they belong to a certain protected group constitutes actionable harassment. 

  • Harassing someone because they are closely associated with someone of a protected class constitutes actionable harassment. It also includes (“associational discrimination”: harassing a white employee because he is married to an Asian female). 

  • Perceptions of conduct can change over time, and conduct that was initially dismissed as poor attempts at humor can but become unwelcome when they persist. 

  • Accepting certain behavior from certain co-workers does not mean that similar behavior is not unwelcome when it comes from others. 

  • A single request for a date, or one attempt at religious proselytization, may not be harassing, but repeated overtures at some point could create a hostile work environment. 

  • On social media, the EEOC has taken the position that if an employee posts offensive material on his or her personal account but the post does not target co-workers, the post will not normally be considered harassing, even if co-workers see the post and are offended by it. On the other hand, if the employee’s offensive post does target particular co-workers, then it is likely to be considered harassing. 

  • An employer should not presume guilt just because the alleged harasser is a member of a particular protected group. (In the case of a man accused of sexual harassment, the employer should not presume that the accused is guilty just because he is a man.)  

This final Guidance includes a wealth of other good information, and a number of items that employers can incorporate into their worker training and investigation protocols. 

EEOC Issues Final Guidance on Workplace Harassment

You may recall that the EEOC issued a proposed Enforcement Guidance on workplace harassment last year. Well, they issued the final Guidance in April, and it contains a number of items that will impact HR professionals.

  • Harassing an employee because she chooses to have an abortion – or chooses not to have an abortion – can constitute unlawful harassment based on sex/pregnancy.

  • To refuse to let a transgender employee use the restroom that corresponds with their gender identity constitutes unlawful harassment. 

  • “Repeated and intentional” misnaming or misgendering of a transgender employee can constitute unlawful harassment based on gender identity. 

  • Harassment based on “sex” includes harassment based on pregnancy or pregnancy-related conditions (including lactation, contraception, and abortion – either having one or not having one), sexual orientation, and gender identity. 

  • Harassment against someone because of a mistaken belief that they belong to a certain protected group constitutes actionable harassment. 

  • Harassing someone because they are closely associated with someone of a protected class constitutes actionable harassment. It also includes (“associational discrimination”: harassing a white employee because he is married to an Asian female). 

  • Perceptions of conduct can change over time, and conduct that was initially dismissed as poor attempts at humor can but become unwelcome when they persist. 

  • Accepting certain behavior from certain co-workers does not mean that similar behavior is not unwelcome when it comes from others. 

  • A single request for a date, or one attempt at religious proselytization, may not be harassing, but repeated overtures at some point could create a hostile work environment. 

  • On social media, the EEOC has taken the position that if an employee posts offensive material on his or her personal account but the post does not target co-workers, the post will not normally be considered harassing, even if co-workers see the post and are offended by it. On the other hand, if the employee’s offensive post does target particular co-workers, then it is likely to be considered harassing. 

  • An employer should not presume guilt just because the alleged harasser is a member of a particular protected group. (In the case of a man accused of sexual harassment, the employer should not presume that the accused is guilty just because he is a man.)  

This final Guidance includes a wealth of other good information, and a number of items that employers can incorporate into their worker training and investigation protocols.