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ARTICLE · 09 OCTOBER 2023

EEOC Issues Long-Awaited Guidance On Harassment In The Modern Workplace

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On September 29, 2023, the U.S. Equal Employment Opportunity Commission issued long-awaited enforcement guidance on workplace harassment.

United StatesEmployment and HR
Melanie Hamilton
Melanie Hamilton
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On September 29, 2023, the U.S. Equal Employment Opportunity Commission issued long-awaited enforcement guidance on workplace harassment. The "Proposed Enforcement Guidance on Harassment in the Workplace," published in the Federal Register on October 2, 2023, advises employers on handling new workplace realties, including LGBTQ rights, online misconduct, abortion, and a number of different types of harassment.

This new guidance is the firstvoted document the EEOC has issued on harassment since its "Enforcement Guidance on Vicarious Liability for Unlawful Harassment by Supervisors" in 1999.

The EEOC's new guidance responds to the changing workplace landscape and salient issues confronting employers as a result of the #MeToo movement, the COVID-19 pandemic, the overturning of Roe v. Wade, and the U.S. Supreme Court's decision in Bostock v. Clayton County that sex discrimination includes bias on the basis of gender identity and sexual orientation.

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