EEOC Enforcement Guidance On Workplace Harassment: Liability

The Equal Employment Opportunity Commission's (EEOC) first updated enforcement guidance on workplace harassment in 25 years 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. We discuss each component in separate articles. This article is on how the guidance addresses the liability component and the standards for imposing employer liability for harassment.

The guidance does not constitute legally binding precedent, but it does provide "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.