Read all about it: Here’s EEOC’s enforcement guidance on harassment

Most employers understand the U.S. Equal Employment Opportunity Commission (EEOC) requires them to have an effective harassment policy. However, the EEOC hasn’t provided any guidance on the content of these policies since 1999, likely leaving many employers’ harassment policies stale or obsolete in light of the social issues affecting the workplace today. But there’s now good reason for employers to dust off those harassment policies and take note of some important changes that will need to be addressed in their next training.

Background

On April 29, the EEOC released updated guidance concerning harassment in the workplace that reflects three key legal and social developments that have emerged since the EEOC’s prior update over 20 years ago: (1) the U.S. Supreme Court’s 2020 Bostock v. Clayton County, Ga. decision, which extended the prohibition on sex-based discrimination under Title VII of the Civil Rights Act of 1964  to discrimination based on sexual orientation and gender identity; (2) intersectional and intraclass harassment; and (3) the growth of remote work and telework after the COVID-19 pandemic.

Sexual orientation, gender identity harassment in light of Bostock