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ARTICLE · 12 OCTOBER 2023

EEOC Proposes Updated Workplace Harassment Guidance

Duane Morris LLP
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On October 2, 2023, the Equal Employment Opportunity Commission proposed updated Enforcement Guidance on Harassment in the Workplace. Employers have until November 2, 2023, to submit comments in response.

United StatesEmployment and HR
Jonathan Segal
Jonathan Segal
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On October 2, 2023, the Equal Employment Opportunity Commission proposed updated Enforcement Guidance on Harassment in the Workplace. Employers have until November 2, 2023, to submit comments in response.

While the EEOC may make some clarifications in response to the public comments, it is not likely that they will make material changes. So now is a good time to digest and operationalize the proposed guidance.

Protected Characteristics

The proposed guidance covers not only sexual harassment but also harassment based on any other protected characteristic under Title VII or any federal law. Many employers' prevention programs focus mostly on sexual harassment and not on other kinds of harassing conduct, such as race and disability harassment. The guidance can be very helpful with any necessary recalibration to avoid the reality and/or appearance that harassment on account of characteristics other than sex is just an afterthought.

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Disclaimer: This Alert has been prepared and published for informational purposes only and is not offered, nor should be construed, as legal advice. For more information, please see the firm's full disclaimer.

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