Newly-Enacted EEOC Enforcement Guidance on Harassment in the Workplace

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued final guidance on the types of workplace harassment that are subject to federal employment discrimination laws.   “Enforcement Guidance on Harassment in the Workplace” addresses how harassment based on race, color, religion, sex, national origin, age, disability, or genetic information is defined under EEOC-enforced statutes, and provides dozens of examples to illustrate the analysis for determining whether employer liability is established.

The new guidance updates, consolidates and replaces the agency’s five guidance documents issued between 1987 and 1999, and serves as a single, unified agency resource on EEOC-enforced workplace harassment law.

Key issues addressed by the final guidance include the following:

·      The potential liability of employers for a hostile work environment created by workers using technology during off-duty times.  Even if it does not occur in a work-related context, “conduct that can affect the terms and conditions of employment” includes “electronic communications using private phones, computers, or social media accounts, if it impacts the workplace.”

 ·       Sexual harassment specifically includes “harassment based on sexual orientation or gender identity, including how that identity is expressed.”

To read more about the EEOC’s summary of the key provisions of its guidance, click this link.