On October 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) – which advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination – published its “Proposed Enforcement Guidance on Harassment in the Workplace” to help protect workers, according to a press release from the EEOC.
The proposed guidance 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 pregnancy), national origin, disability, age (40 and older), or genetic information.
Specifically, the proposed guidance provides numerous updated examples to reflect a wide range of scenarios, incorporates updates throughout on current case law on workplace harassment, and addresses the proliferation of digital technology and how social media postings and other online content can contribute to a hostile work environment.
The EEOC first released a proposed guidance on workplace harassment for public comment in 2017, but it was not finalized. The public is invited to view the proposed guidance and submit comments via the federal e-regulation website at https://www.regulations.gov/document/EEOC-2023-0005-0001 until November 1, 2023.
“Preventing and addressing harassment in America’s workplaces has long been a key priority for the EEOC, and this guidance will provide clarity on new developments in the law and build on the Commission’s previous work,” EEOC Chair Charlotte A. Burrows stated in the press release. “The Commission looks forward to receiving public input on the proposed guidance.”
Between fiscal years 2016 and 2022, more than one-third of charges received by the EEOC included an allegation of harassment. The EEOC Strategic Enforcement Plan for Fiscal Years 2024-2028 identified two harassment-related priorities: preventing and remedying systemic harassment and protecting vulnerable workers from harassment.
ClearStar is a leading global Human Resources technology company specializing in background checks, drug testing, and occupational health screening. ClearStar offers “better, easier, faster, and safer” workforce screening solutions for employers that comply with EEOC guidance on federal employment discrimination laws. To learn more, contact ClearStar.
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Thomas Ahearn - Digital Content Editor
Thomas Ahearn is a Digital Content Editor at ClearStar, a leading Human Resources (HR) technology company specializing in background checks, drug testing, and occupational health screening. He writes about a variety of topics in the background screening industry including Artificial Intelligence (AI), "Ban the Box," class action lawsuits, credit reports, criminal records, drug testing, Equal Employment Opportunity Commission (EEOC), Fair Credit Reporting Act (FCRA), Form I-9, identity theft, privacy, social media screening, and workplace violence.
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