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EEOC Proposes Updated Workplace Harassment Guidance to Protect Workers

26 Oct

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Update Applicable to:

All Employers

What happened?

The U.S. Equal Employment Opportunity Commission (EEOC) has proposed new “Enforcement Guidance on Harassment in the Workplace” and has invited the public to comment on it.

What are the details?

The proposed guidance, which reflects changes in law and addresses emerging issues, can be reviewed on the EEOC’s website until November 1, 2023.

It explains legal standards and employer liability regarding harassment claims under federal employment discrimination laws enforced by the EEOC. These laws protect employees from harassment based on various factors such as race, color, religion, sex, national origin, disability, age, or genetic information.

Key points of the proposed guidance include updated examples of harassment scenarios, incorporation of current case law on workplace harassment, and addressing the impact of digital technology and social media on creating hostile work environments.

The EEOC’s new Strategic Enforcement Plan prioritizes preventing systemic harassment and protecting vulnerable workers from underserved communities.

The EEOC’s efforts to combat workplace harassment also include the issuance of technical assistance documents and recommendations to prevent and address harassment. The public is encouraged to provide input on the proposed guidance to enhance workplace harassment prevention and enforcement.

For more information, please see the links below:

Federal Register: Proposed Enforcement Guidance on Harassment in the Workplace

Proposed Enforcement Guidance on Harassment in the Workplace

Comment Submission

EEOC Additional Resources

Law Firm articles: Article 1, Article 2, Article 3

What do employers need to do?

Employers should review the links above including the top takeaways and next steps as provided by the Fisher Phillips law firm and be on the lookout for more updates to come on this proposal.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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