EEOC updates its guidance on harassment in the workplace

On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) published its “Enforcement Guidance on Harassment in the Workplace,” which is meant to update, consolidate, and replace the previous guidance documents on the subject issued between 1987 and 1999.

The updated guidance reflects notable changes in the law and culture, particularly the Supreme Court’s decision in Bostock v. Clayton County and the prevalence of virtual work. The EEOC relies on its enforcement guidance when investigating and litigating claims, and therefore employers that are seeking to implement and enforce antiharassment policies should become familiar with it. Let’s take a closer look.

New guidance

The EEOC’s new guidance sets out broad and comprehensive protections for LGBTQ+ employees. Sex-based harassment now includes harassment based on sexual orientation or gender identity, including how that gender identity is expressed. Examples of harassing conduct based on sexual orientation or gender identity include: