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ARTICLE · 09 MAY 2024

EEOC Issues Enforcement Guidance On Harassment For The First Time In Years

On April 29, 2024, the Equal Employment Opportunity Commission issued its "Enforcement Guidance on Harassment in the Workplace," superseding its previous enforcement guidance on the topic...

United StatesEmployment and HR

On April 29, 2024, the Equal Employment Opportunity Commission issued its "Enforcement Guidance on Harassment in the Workplace," superseding its previous enforcement guidance on the topic, which was last issued 25 years ago. While the Enforcement Guidance has no legal effect, it is chock-full of valuable guidance for employers as to the EEOC's interpretation of federal laws prohibiting harassment.

The Enforcement Guidance lays out, in detail, what the EEOC considers to be harassment in light of changes to the legal and cultural landscape since its last guidance was issued. The EEOC addresses each type of harassment separately, providing 20 examples of conduct it considers to be harassment. Some of these are far more expansive than prior thinking, such as:

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