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The U.S. Equal Employment Opportunity Commission (EEOC) published a notice on October 2 inviting the public to comment on the proposed “Enforcement Guidance on Harassment in the Workplace.” The public is invited to submit comments and view the document via the federal e-regulation website until Nov. 1.

The EEOC first released a proposed guidance on workplace harassment for public comment in January 2017, at the tail end of the Obama administration. At that time, it had been nearly 20 years since the original guidance had been issued. The Trump administration elected not to finalize the proposal.

The updated proposed guidance reflects some important developments in the area of workplace harassment, including the Supreme Court’s decision in Bostock v. Clayton County recognizing the rights of gay and transgender employees under Title VII of the Civil Rights Act, along with popular movements such as the #metoo movement and emerging issues, such as virtual or online harassment and bullying.

The EEOC’s 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 sexual orientation, transgender status, and pregnancy), national origin, disability, age (40 and older), or genetic information.

The proposal is peppered with examples to reflect a wide range of scenarios. It 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.

Between fiscal years 2016 and 2022, more than one-third of charges received by the EEOC included an allegation of harassment. The Commission has identified two harassment-related national enforcement priorities in its new strategic enforcement plan – preventing and remedying systemic harassment and protecting vulnerable workers and people from underserved communities from harassment.

AIM members interested in discussing this or any other human resource matter may contact the AIM helpline at 1-800-470-6277. AIM members interested in harassment/discrimination prevention training may contact Kelly McInnis at kmcginnis@aimhrsolutions.com or call her at 617-488-8321.