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ARTICLE · 09 MAY 2024

EEOC Unveils Updated Workplace Harassment Guidance

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The Equal Employment Opportunity Commission (EEOC) issued its finalized enforcement guidance on workplace harassment on April 29.

United StatesEmployment and HR
Colleen Schade
Colleen Schade
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The Equal Employment Opportunity Commission (EEOC) issued its finalized enforcement guidance on workplace harassment on April 29. The updated guidance incorporates shifts in both the legal and societal landscape since the guidance had last been updated in 1999, and replaces prior versions of the EEOC's harassment enforcement guidance.

The enforcement guidance, which is effective immediately, addresses topics such as the #MeToo movement and the U.S. Supreme Court's 2020 decision in Bostock v. Clayton County, which held that Title VII's prohibition on discrimination on the basis of sex also includes sexual orientation and gender identity. According to the EEOC's new guidance, sex-based harassment can encompass things such as "repeated and intentional use of a name or pronoun inconsistent with the individual's known gender identity (misgendering)" and "the denial of access to a bathroom or other sex-segregated facility consistent with the individual's

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