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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On April 29, the U.S. Equal Employment Opportunity Commission (EEOC) released <a href="https://www.eeoc.gov/laws/guidance/enforcement-guidance-harassment-workplace" target="_blank" rel="noreferrer noopener">an update to its enforcement guidance on workplace harassment</a>. The update comes almost 25 years after the EEOC last published guidance on this topic and replaces the prior versions. Workplace harassment claims have become a serious matter for employers, particularly in the last several years. According to EEOC statistics, between 2016 and 2023, more than a third of all discrimination charges filed with the EEOC included an allegation of harassment based on race, sex, disability, or another federally protected characteristic. In addition, approximately 35% of the 143 lawsuits the EEOC filed in 2023 included an allegation of harassment.

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The EEOC’s new guidance outlines the standards governing workplace harassment claims and defenses under the federal equal employment opportunity statutes, which prohibit work-related harassment based on race, color, religion, sex (including pregnancy, childbirth, or related medical conditions; sexual orientation; and gender identity), national origin, disability, genetic information, and age (40 or over).

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The EEOC designed the guidance to serve as “a resource for employers, employees, and practitioners; for EEOC staff and the staff of other agencies that investigate, adjudicate, or litigate harassment claims or conduct outreach on the topic of workplace harassment; and for courts deciding harassment issues.” Although the guidance does not have the force of law and is not legally binding, it is nonetheless notable because it signals how the EEOC will analyze harassment claims, which courts may turn to for guidance.

The guidance provides nearly 70 examples of what can constitute harassment in the workplace, including:

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In addition, the guidance addresses the growth of virtual workplace environments and the increasing impact of digital technology, electronic communications, and social media on workplace harassment issues. The EEOC stresses that employees can still be subject to harassing conduct while working from home.

There are several key takeaways for employers under the new guidance:

While legal challenges may impact the new guidance, it is already in effect and employers should be prepared to quickly adapt and take steps to ensure that they are compliant with the relevant provisions of the guidance, including:

<em>This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.</em>

<em>This document may be considered attorney advertising in some jurisdictions.</em>

https://admin.thompsonhine.com/wp-content/uploads/2024/05/Labor-Employment-Alert-EEOC-Updates-Workplace-Harassment-Enforcement-Guidelines.pdf

EEOC Updates Workplace Harassment Enforcement Guidelines

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