The proposed guidance is available for review at https://www.eeoc.gov/proposed-enforcement-guidance-harassment-workplace, and the public is invited to submit comments and view the document via the federal e-regulation website at https://www.regulations.gov/document/EEOC-2023-0005-0001 until Nov. 1.
The updated proposed guidance reflects notable changes in law, including the Supreme Court’s decision in Bostock v. Clayton County, the #MeToo movement, and emerging issues, such as virtual or online harassment. It also explains the legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC. These laws protect covered employees from harassment based on race, color, religion, sex (including sexual orientation, transgender status, and pregnancy), national origin, disability, age (40 and older) or genetic information.
The EEOC offers other resources addressing and address harassment in the workplace. More information is available at www.eeoc.gov.
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