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EEOC's New Anti-Harassment Guidance

On April 29, 2024, the Equal Employment Opportunity Commission issued its "Enforcement Guidance on Harassment in the Workplace." In this document, the EEOC provides specific direction on what it would consider to be best practices for employers in preventing and addressing workplace harassment including policies, training, and investigations. While the guidance does not have the force of law, it provides insight on how the EEOC will interpret and seek to enforce the federal anti-harassment laws, including Title VII; the Age Discrimination in Employment Act; the Americans with Disabilities Act; and Genetic Information Non-Discrimination Act. It will be up to the various courts to decide how much credence to give to the guidance. It may embrace it fully, or it may reject it altogether.

The guidance focuses on three components of a harassment claim: 1. covered bases and causation; 2. discrimination with respect to a term, condition, or privilege of employment; and 3. liability. It also discusses the specific topic of systemic harassment, a particular area of interest for the EEOC and provides links to other harassment related resources.

The guidance reviews each of the protected characteristics, providing examples of types of harassment based on each. Of particular interest, the guidance makes the following points beyond the generally understood principles of harassment:

  • racial harassment - includes harassment based on traits or characteristics linked to race such as name, cultural dress, accent or manner of speech, and physical characteristics including appearance standards like hair texture and hairstyles commonly associated with specific racial groups;

  • national origin harassment - includes conduct based on stereotypes as well as targeting physical characteristics, ethnic or cultural characteristics like attire or diet, or linguistic characteristics like accent or lack of fluency;

  • religious harassment - encompasses coercing employees to engage in religious practices at work;

  • sexual harassment - includes pregnancy, childbirth related conditions (including lactation, the use or non-use of contraception, and abortion) as well as sexual orientation or gender identity;

  • disability harassment - includes harassment based on trait or characteristics linked to disability such as how an individual speaks, looks, or moves.

Suffice it to say that the EEOC has ramped up its concept of what discrimination is and how it should be addressed.

EEOC's New Anti-Harassment Guidance

On April 29, 2024, the Equal Employment Opportunity Commission issued its "Enforcement Guidance on Harassment in the Workplace." In this document, the EEOC provides specific direction on what it would consider to be best practices for employers in preventing and addressing workplace harassment including policies, training, and investigations. While the guidance does not have the force of law, it provides insight on how the EEOC will interpret and seek to enforce the federal anti-harassment laws, including Title VII; the Age Discrimination in Employment Act; the Americans with Disabilities Act; and Genetic Information Non-Discrimination Act. It will be up to the various courts to decide how much credence to give to the guidance. It may embrace it fully, or it may reject it altogether.

The guidance focuses on three components of a harassment claim: 1. covered bases and causation; 2. discrimination with respect to a term, condition, or privilege of employment; and 3. liability. It also discusses the specific topic of systemic harassment, a particular area of interest for the EEOC and provides links to other harassment related resources.

The guidance reviews each of the protected characteristics, providing examples of types of harassment based on each. Of particular interest, the guidance makes the following points beyond the generally understood principles of harassment:

  • racial harassment - includes harassment based on traits or characteristics linked to race such as name, cultural dress, accent or manner of speech, and physical characteristics including appearance standards like hair texture and hairstyles commonly associated with specific racial groups;

  • national origin harassment - includes conduct based on stereotypes as well as targeting physical characteristics, ethnic or cultural characteristics like attire or diet, or linguistic characteristics like accent or lack of fluency;

  • religious harassment - encompasses coercing employees to engage in religious practices at work;

  • sexual harassment - includes pregnancy, childbirth related conditions (including lactation, the use or non-use of contraception, and abortion) as well as sexual orientation or gender identity;

  • disability harassment - includes harassment based on trait or characteristics linked to disability such as how an individual speaks, looks, or moves.

Suffice it to say that the EEOC has ramped up its concept of what discrimination is and how it should be addressed.

EEOC's New Anti-Harassment Guidance

On April 29, 2024, the Equal Employment Opportunity Commission issued its "Enforcement Guidance on Harassment in the Workplace." In this document, the EEOC provides specific direction on what it would consider to be best practices for employers in preventing and addressing workplace harassment including policies, training, and investigations. While the guidance does not have the force of law, it provides insight on how the EEOC will interpret and seek to enforce the federal anti-harassment laws, including Title VII; the Age Discrimination in Employment Act; the Americans with Disabilities Act; and Genetic Information Non-Discrimination Act. It will be up to the various courts to decide how much credence to give to the guidance. It may embrace it fully, or it may reject it altogether.

The guidance focuses on three components of a harassment claim: 1. covered bases and causation; 2. discrimination with respect to a term, condition, or privilege of employment; and 3. liability. It also discusses the specific topic of systemic harassment, a particular area of interest for the EEOC and provides links to other harassment related resources.

The guidance reviews each of the protected characteristics, providing examples of types of harassment based on each. Of particular interest, the guidance makes the following points beyond the generally understood principles of harassment:

  • racial harassment - includes harassment based on traits or characteristics linked to race such as name, cultural dress, accent or manner of speech, and physical characteristics including appearance standards like hair texture and hairstyles commonly associated with specific racial groups;

  • national origin harassment - includes conduct based on stereotypes as well as targeting physical characteristics, ethnic or cultural characteristics like attire or diet, or linguistic characteristics like accent or lack of fluency;

  • religious harassment - encompasses coercing employees to engage in religious practices at work;

  • sexual harassment - includes pregnancy, childbirth related conditions (including lactation, the use or non-use of contraception, and abortion) as well as sexual orientation or gender identity;

  • disability harassment - includes harassment based on trait or characteristics linked to disability such as how an individual speaks, looks, or moves.

Suffice it to say that the EEOC has ramped up its concept of what discrimination is and how it should be addressed.

EEOC's New Anti-Harassment Guidance

On April 29, 2024, the Equal Employment Opportunity Commission issued its "Enforcement Guidance on Harassment in the Workplace." In this document, the EEOC provides specific direction on what it would consider to be best practices for employers in preventing and addressing workplace harassment including policies, training, and investigations. While the guidance does not have the force of law, it provides insight on how the EEOC will interpret and seek to enforce the federal anti-harassment laws, including Title VII; the Age Discrimination in Employment Act; the Americans with Disabilities Act; and Genetic Information Non-Discrimination Act. It will be up to the various courts to decide how much credence to give to the guidance. It may embrace it fully, or it may reject it altogether.

The guidance focuses on three components of a harassment claim: 1. covered bases and causation; 2. discrimination with respect to a term, condition, or privilege of employment; and 3. liability. It also discusses the specific topic of systemic harassment, a particular area of interest for the EEOC and provides links to other harassment related resources.

The guidance reviews each of the protected characteristics, providing examples of types of harassment based on each. Of particular interest, the guidance makes the following points beyond the generally understood principles of harassment:

  • racial harassment - includes harassment based on traits or characteristics linked to race such as name, cultural dress, accent or manner of speech, and physical characteristics including appearance standards like hair texture and hairstyles commonly associated with specific racial groups;

  • national origin harassment - includes conduct based on stereotypes as well as targeting physical characteristics, ethnic or cultural characteristics like attire or diet, or linguistic characteristics like accent or lack of fluency;

  • religious harassment - encompasses coercing employees to engage in religious practices at work;

  • sexual harassment - includes pregnancy, childbirth related conditions (including lactation, the use or non-use of contraception, and abortion) as well as sexual orientation or gender identity;

  • disability harassment - includes harassment based on trait or characteristics linked to disability such as how an individual speaks, looks, or moves.

Suffice it to say that the EEOC has ramped up its concept of what discrimination is and how it should be addressed.

EEOC's New Anti-Harassment Guidance

On April 29, 2024, the Equal Employment Opportunity Commission issued its "Enforcement Guidance on Harassment in the Workplace." In this document, the EEOC provides specific direction on what it would consider to be best practices for employers in preventing and addressing workplace harassment including policies, training, and investigations. While the guidance does not have the force of law, it provides insight on how the EEOC will interpret and seek to enforce the federal anti-harassment laws, including Title VII; the Age Discrimination in Employment Act; the Americans with Disabilities Act; and Genetic Information Non-Discrimination Act. It will be up to the various courts to decide how much credence to give to the guidance. It may embrace it fully, or it may reject it altogether.

The guidance focuses on three components of a harassment claim: 1. covered bases and causation; 2. discrimination with respect to a term, condition, or privilege of employment; and 3. liability. It also discusses the specific topic of systemic harassment, a particular area of interest for the EEOC and provides links to other harassment related resources.

The guidance reviews each of the protected characteristics, providing examples of types of harassment based on each. Of particular interest, the guidance makes the following points beyond the generally understood principles of harassment:

  • racial harassment - includes harassment based on traits or characteristics linked to race such as name, cultural dress, accent or manner of speech, and physical characteristics including appearance standards like hair texture and hairstyles commonly associated with specific racial groups;

  • national origin harassment - includes conduct based on stereotypes as well as targeting physical characteristics, ethnic or cultural characteristics like attire or diet, or linguistic characteristics like accent or lack of fluency;

  • religious harassment - encompasses coercing employees to engage in religious practices at work;

  • sexual harassment - includes pregnancy, childbirth related conditions (including lactation, the use or non-use of contraception, and abortion) as well as sexual orientation or gender identity;

  • disability harassment - includes harassment based on trait or characteristics linked to disability such as how an individual speaks, looks, or moves.

Suffice it to say that the EEOC has ramped up its concept of what discrimination is and how it should be addressed.

EEOC's New Anti-Harassment Guidance

On April 29, 2024, the Equal Employment Opportunity Commission issued its "Enforcement Guidance on Harassment in the Workplace." In this document, the EEOC provides specific direction on what it would consider to be best practices for employers in preventing and addressing workplace harassment including policies, training, and investigations. While the guidance does not have the force of law, it provides insight on how the EEOC will interpret and seek to enforce the federal anti-harassment laws, including Title VII; the Age Discrimination in Employment Act; the Americans with Disabilities Act; and Genetic Information Non-Discrimination Act. It will be up to the various courts to decide how much credence to give to the guidance. It may embrace it fully, or it may reject it altogether.

The guidance focuses on three components of a harassment claim: 1. covered bases and causation; 2. discrimination with respect to a term, condition, or privilege of employment; and 3. liability. It also discusses the specific topic of systemic harassment, a particular area of interest for the EEOC and provides links to other harassment related resources.

The guidance reviews each of the protected characteristics, providing examples of types of harassment based on each. Of particular interest, the guidance makes the following points beyond the generally understood principles of harassment:

  • racial harassment - includes harassment based on traits or characteristics linked to race such as name, cultural dress, accent or manner of speech, and physical characteristics including appearance standards like hair texture and hairstyles commonly associated with specific racial groups;

  • national origin harassment - includes conduct based on stereotypes as well as targeting physical characteristics, ethnic or cultural characteristics like attire or diet, or linguistic characteristics like accent or lack of fluency;

  • religious harassment - encompasses coercing employees to engage in religious practices at work;

  • sexual harassment - includes pregnancy, childbirth related conditions (including lactation, the use or non-use of contraception, and abortion) as well as sexual orientation or gender identity;

  • disability harassment - includes harassment based on trait or characteristics linked to disability such as how an individual speaks, looks, or moves.

Suffice it to say that the EEOC has ramped up its concept of what discrimination is and how it should be addressed.