EEOC’s final enforcement guidance on workplace harassment is here

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its final version of the Enforcement Guidance on Workplace Harassment to include developments “answering the call” of the #MeToo movement; the landmark Supreme Court decision in Bostock v. Clayton County, Georgia (which held the protections of Title VII of the Civil Rights Act of 1964 include sexual orientation and gender identity); and the realities of digital technology, social media, and harassment and the remote workplace. Nearly 38,000 comments were submitted before the November 2023 public input deadline. The guidance was approved by a 3-to-2 vote of the EEOC’s commissioners and is effective immediately.

Guidance provides many examples

Broadly speaking, the guidance outlines the myriad ways harassment arises in the workplace, including through in-person or virtual behavior. While the final guidance is very similar to the draft version issued in September 2023, the EEOC included a number of examples of behavior—more than 70—to illustrate unlawful workplace harassment in various scenarios.

Most of the examples illustrate actionable behavior, with a handful showing behavior that may be unpleasant but isn’t unlawful. Reading the summary of key provisions is a good way to digest the content without reading the nearly 200-page guidance.