The Equal Employment Opportunity Commission (EEOC) issued its first
updated enforcement guidance on workplace harassment in 25 years on April 29,
2024. The guidance reflects a number of new developments concerning workplace
discrimination and harassment and reflects U.S. Supreme Court precedent
extending anti-discrimination protections to LGBTQ workers.
The EEOC had released the draft version of its guidance in September
2023 after an earlier effort to update existing guidance failed to gain
traction during the Trump Administration.
The guidance does not constitute legally binding precedent, but it
provides “legal analysis of standards for harassment and employer liability
applicable to claims of harassment under the equal employment opportunity (EEO)
statutes enforced by the Commission.” The new guidance supersedes several
earlier EEOC guidance documents on harassment.
Workplace harassment” is more
than just sexual harassment, the U.S. Equal Employment Opportunity Commission
(EEOC) reminded employers in guidance
published April 29. The commission
shared specific examples of the kinds of harassment it deems unlawful—including
harassment based on race, sex, religion and other factors.
Key Areas:-
· Learn what impacted the EEOC to establish this guidance
·
Learn what the EEOC determines as
harassment
·
Learn what types of harassment
claims are determined to be based on the EEOC new guidance
·
Learn what the Civil Rights Act of
1964’s protect classes are impacted by this guidance
·
Learn how stereotypes can impact
the workplace regulations when it comes to hair textures, locks, twists and
braids
·
Learn how the Guidance Addresses
Bathrooms, Misgendering
·
Learn what happens when an
Employee Asks an Employer Not to Investigate
·
Learn how Pregnancy, Childbirth,
or Related Medical Conditions are part of the guidance and what Employers can
and can’t do
·
Learn how transgender equity is
also part of the EEOC guidance and protections
· Learn how to develop an anti-harassment policy that meets EEOC
guidelines
Why You Should Attend:-
The EEOC noted that since the Supreme Court held
in 1986 that workplace harassment could constitute unlawful discrimination
under Title VII of the Civil Rights Act of 1964, harassing conduct remains a
serious problem in the workplace, representing more than one-third of the
charges received by the EEOC over the last five years.
The enforcement guidance is broken down into the
three components of a harassment claim: (1) the covered bases and causation;
(2) discrimination respecting a term, condition, or privilege of employment;
and (3) liability.
In order for harassment to be actionable under
federal EEO statutes, the individual must establish the conduct occurred
because of a statutorily protected characteristic. This is based on an
examination of the totality of the circumstances. The guidance outlines a
number of principles that are used to determine whether harassing conduct is
based on protected characteristics. In doing so, however, the guidance notes
that not all principles will apply in every instance.
Who You Should Attend:-
·
Company Leadership
·
Managers/Supervisors
· Employers
in all industries
· Small
Business Owners
· All
Employers
· Business
Owners
· Compliance
professionals
· HR
Professionals
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