Update: EEOC Harassment Guidance | May 2024

The EEOC has recently released new guidance on workplace harassment, and we wanted to share these important updates with you. Understanding these changes can help ensure your workplace remains compliant and a safe environment for all employees.

Here are the key points from the new EEOC guidance:

1. When does harassing conduct violate the law? Harassment violates the law when it's based on a protected characteristic (race, color, religion, national origin, sex, disability, age, or genetic information) and it affects employment decisions or creates a hostile work environment.

2. Does all harassing conduct linked to a protected characteristic violate EEO laws? No. It must either affect employment conditions (like firing or demotion) or create a hostile work environment.

3. What is a “hostile work environment”? It's when harassing conduct is so severe or frequent that it makes a reasonable person’s work environment abusive.

4. Examples of harassing conduct:

   • Ethnic, racial, or sex-based slurs.
   • Offensive jokes or materials.
   • Threats or intimidation based on religion.
   • Sharing pornography or offensive depictions.
   • Stereotypical comments about older workers.
   • Mocking disabilities or accents.
   • Intrusive questions about personal characteristics.
   • Unwanted physical contact or sexual gestures.
   • Threatening job security for sexual favors.

5. Steps employers can take to prevent harassment:

   • Have a clear, easy-to-understand anti-harassment policy.
   • Provide multiple reporting options for potential harassment.
   • Train all employees on anti-harassment policies and complaint procedures.
   • Ensure the policy is consistently followed and effective.

6. Is firing the harasser required by law? No. Employers should take appropriate corrective action to stop and prevent harassment, which could include counseling, warnings, training, suspension, reassignment, or termination.

We know keeping up with these guidelines can be challenging. That’s why we’re here to help. Our HR consulting services can ensure your policies are up to date and your supervisors are well-trained to handle these issues effectively. Let's chat about how we can support you in creating a safe and compliant workplace. Feel free to reply to this email or give us a call.