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ARTICLE · 12 MAY 2024

EEOC Releases Updated Guidance On Workplace Harassment

Foley Hoag LLP
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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Harassment in the Workplace (the "Guidance").

United StatesEmployment and HR
Foley Hoag LLP
Foley Hoag LLP
Emily Nash
Emily Nash
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Key Takeaways:

  • The EEOC's new Guidance states that Title VII prohibits harassment based on gender identity, including intentional misgendering and restrictions on bathroom access.
  • The Guidance also focuses on technology's role in harassment, explaining that Title VII prohibits harassment in virtual work environments.
  • The Guidance takes effect immediately.

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Harassment in the Workplace (the "Guidance"). The Guidance sets forth the EEOC's position on harassment that constitutes unlawful discrimination under Title VII of the Civil Rights Act ("Title VII"), which is one of several statutes that the EEOC enforces. The Guidance, which was approved by a majority vote of the Commission, is the EEOC's first update to its anti-harassment guidelines since 1999 and provides the EEOC's views of harassment-related issues facing workplaces in the 21st century.

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