Yesterday, the EEOC released its final guidance on workplace #harassment — the first update in 25 years!
It was time. Issued in 1999, the EEOC guidance on workplace harassment needed a facelift.
The guidance explains the different ways workplace harassment can occur - whether in-person or through online communications.
It covered the various bases for a claim and whether misconduct was based on a person’s legally protected characteristic under the federal anti-discrimination laws (because not ALL workplace conflicts rise to the level of harassment under Title VII 🤨).
Let’s Talk About Sex, Baby.
First, the EEOC addresses harassment based on race, color (with a particularly vile example), religion, age, disability, and national origin.
And, the guidance explored sex-based harassment. The EEOC amplified that sexual harassment included conduct based on #sexualorientation and #gender identity.
The EEOC included examples of harassment, including repeatedly and intentionally misgendering employees.
Gender identity is a protected class under Title VII. This means that an employee cannot be discriminated against based on their gender identity, including their preferred pronouns, i.e., failing to use an employee’s preferred pronouns can create a hostile work environment and lead to discrimination and harassment.
Other examples of sex discrimination because of an individual’s sexual orientation or gender identity include “outing” a person (i.e., disclosing a person’s sexual orientation or gender identity without permission); harassing conduct because someone does not present in a manner that would stereotypically be associated with that person’s sex; or the denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity.
The guidance includes excellent examples too!
Pregnancy, Childbirth, and Other Related Medical Conditions
Like the final rule implementing the PWFA, the EEOC guidance states that sex-based harassment under Title VII includes harassment based on pregnancy, childbirth, or related medical conditions—including abortion.
Harassment on this basis could also include issues such as lactation; the use or non-use of contraception; or deciding to have, or not to have, an abortion.
#Employers, the EEOC provides a framework for conduct it seeks to eliminate from U.S. workplaces. Ensure that your polices, procedures, management, and #HR teams are up to date with this recent guidance.
#emplaw
