AGs Challenge EEOC's New Harassment Guidance

After the Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Harassment in the Workplace – its first in decades – it is facing state Attorney General opposition.

The first Guidance on harassment in 25 years, the agency split the document into three parts: covered bases and causation; discrimination with respect to a term, condition or privilege of employment; and employer liability for harassing conduct.

Protected characteristics covered by the Guidance include race, color, religion, sex (including sexual orientation, gender identity, pregnancy, childbirth or related medical conditions), age and genetic information (including family medical history).