December 23, 2024

EEOC Publishes Proposed Enforcement Guidance on Harassment in the Workplace for Public Comment

The Equal Employment Opportunity Commission (EEOC) has published its long-awaited proposed Enforcement Guidance on Harassment in the Workplace. https://www.eeoc.gov/proposed-enforcement-guidance-harassment-workplace. The guidance provides detailed explanations of how workplace harassment based on one or more characteristics protected under federal equal employment opportunity (EEO) laws can result in discrimination claims. 

In explaining how to evaluate whether harassment violates federal EEO law, the guidance focuses on the three components of a harassment claim:

  • Covered Bases and Causation: Was the conduct based on the individual’s legally protected characteristic under the federal EEO statutes?
  • Discrimination with Respect to a Term, Condition, or Privilege of Employment: Did the harassing conduct result in discrimination with respect to a term, condition, or privilege of employment?
  • Liability: Is there a basis for holding the employer liable for the conduct?

The guidance also addresses systemic harassment and provides links to other EEOC harassment-related resources, including Promising Practices for Preventing Harassment, a resource to assist employers in preventing and addressing harassment.

The agency invites the public to comment on the proposed guidance online at https://www.regulations.gov/document/EEOC-2023-0005-0001 until November 1, 2023.