EEOC Releases Workplace Guidance to Prevent Harassment

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its final guidance on harassment in the workplace. The guidance explains how the EEOC may enforce equal employment opportunity (EEO) laws against an employer when workplace harassment is alleged or suspected.

Final Guidance

In its final guidance, the EEOC provides several updated examples to reflect a wide range of modern scenarios and address emerging issues, such as how social media posting and other online content may contribute to a hostile work environment. It also incorporates current case law.

The final guidance focuses on three main considerations to analyze in any workplace harassment claim:

1. Whether the conduct is based on the individual’s legally protected trait
2. Whether the conduct resulted in a hostile work environment or explicit change to the terms or conditions of employment
3. Whether there is any legal basis for holding the employer liable

The guidance explains that an employer may be liable for workplace harassment under several legal standards that often depend on the harasser’s relationship with the employer. The guidance also describes preventive and corrective actions an employer may take to help establish defenses against liability for workplace harassment. This final guidance consolidates and replaces the earlier documents.

Employer Next Steps

Employers subject to EEO laws should familiarize themselves with the final guidance. They may also consider reviewing and revising their policies and procedures to ensure compliance with the final guidance.