EEOC Issues Proposed Updates to Workplace Harassment Guidance
The EEOC has issued proposed updates to its harassment guidance and will be reviewing comments received by the public. The EEOC’s commissioners have not voted on or issued updated guidance on workplace harassment issues since 1999. Although at this point the guidance is only proposed and is therefore subject to change, it is good for employers to be aware of the proposed updates.
Chief among the proposed changes is how claims for harassment based on gender identity and reproductive decisions will be treated. Gender identity has been a protected trait at the federal level since 2020, and this guidance makes clear that intentional and repeated misgendering of individuals could give rise to claims for harassment.
The proposed guidance also states that women who choose to have abortions, use contraception, or choose not to have children will be able to bring claims based on unwelcome comments and other conduct directed toward them based on those decisions as a form of sex-based harassment based on pregnancy, childbirth, or related medical conditions.
The proposed guidance also emphasizes that more scrutiny will be given to social media platforms and digital work platforms where harassing conduct may occur.
These are just a few examples of what is included in the proposed guidance, and it is important that employers stay apprised of what ultimately is included in the finalized guidance.
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