In a rapidly evolving workplace landscape, the U.S. Equal Employment Opportunity Commission (EEOC) is taking a significant step to redefine its standards for employer liability concerning workplace harassment. The recent proposal, titled "Enforcement Guidance on Harassment in the Workplace," underscores the EEOC's commitment to enforcing changes in the law and adapting to the modern workplace. As an HR professional, it's essential to stay informed about these evolving standards.
Open for Public Comment
The proposed guidance was open for public comment until November 1, 2023. This comment period provided an opportunity for employers, HR professionals, and other stakeholders to provide feedback and insights before the finalization of these new standards.
Key Focus Areas
The EEOC's proposed guidance identifies several critical areas of focus in its efforts to address workplace harassment:
- #MeToo Movement Impact: The EEOC acknowledges the influence of the #MeToo movement on its approach to hostile work environment claims. It leverages findings from a 2016 report to outline the essential elements it expects from employers in anti-harassment policies, complaint procedures, and training programs. The guidance highlights the need for employers to identify known or obvious risks of harassment, especially against vulnerable or non-conforming employees.
- Virtual Work Environment: In an era of virtual work arrangements, the EEOC extends its reach to encompass harassment taking place online. It clarifies that if such conduct occurs using work-related systems or accounts, it will be treated as part of the workplace environment. This includes activities on email platforms, instant messaging systems, videoconferencing tools, and even private devices and social media accounts if they impact the workplace.
- Expanded Scope of Sex-Based Harassment Claims: Building upon a 2020 U.S. Supreme Court decision, the EEOC broadens the scope of sex-based harassment claims to include sexual orientation and gender identity. The proposed guidance offers specific examples of such harassment, emphasizing the need for inclusion and respect in the workplace.
- Pregnancy-Related Medical Conditions: The guidance also focuses on harassment related to pregnancy-related medical conditions, contraception, and abortion decisions.
Preparing for Changes
While many employers have already taken steps to update their anti-harassment policies, training programs, and investigation processes, the EEOC's proposed guidance signals its intent to strengthen enforcement. As an HR professional, it's crucial to review this guidance closely and consider further updates, especially if they can enhance your organization's approach to preventing and addressing harassment.
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