Protect Your Workplace: Comply with the EEOC's New Harassment Guidance

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Discover actionable insights from our latest podcast, where we discuss the EEOC's updated harassment guidance presented by HR expert Margie Faulk. Learn what these changes mean for your business and how to stay compliant.

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Overview:

On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its first updated enforcement guidance on workplace harassment in 25 years. This new guidance incorporates significant developments in workplace discrimination and harassment laws, including U.S. Supreme Court rulings that extend anti-discrimination protections to LGBTQ workers.

The guidance follows a draft version released in September 2023, succeeding an earlier attempt to update existing guidelines that stalled during the Trump Administration.

While this guidance does not establish legally binding precedent, it offers a comprehensive legal analysis of the standards for harassment and employer liability under the Equal Employment Opportunity (EEO) statutes enforced by the Commission. It supersedes several previous EEOC guidance documents on harassment.

The EEOC emphasizes that "workplace harassment" extends beyond sexual harassment, encompassing various forms of harassment based on race, sex, religion, and other protected characteristics. Specific examples of unlawful harassment are provided in the guidance.

Since the 1986 Supreme Court ruling that workplace harassment can constitute unlawful discrimination under Title VII of the Civil Rights Act of 1964, the issue remains prevalent, accounting for over one-third of the charges received by the EEOC in the past five years.

The enforcement guidance is organized into three key components of a harassment claim:

1) Covered Bases and Causation – Identifying the protected characteristics and establishing a link between them and the harassment.

2) Discrimination Respecting Employment Terms – Determining how the harassment impacts the terms, conditions, or privileges of employment.

3) Liability – Understanding the employer's responsibility and potential liability in harassment cases.

For harassment to be actionable under federal EEO statutes, it must be established that the conduct occurred due to a statutorily protected characteristic, which requires a thorough examination of the totality of the circumstances. The guidance provides several principles to determine whether conduct is based on protected characteristics, though not all principles apply to every case.

Areas Covered in the session:

• Learn what impacted the EEOC to establish this guidance
• Learn what the EEOC determines as harassment
• Learn what types of harassment claims are determined to be based on the EEOC new guidance
• Learn what the Civil Rights Act of 1964’s protect classes are impacted by this guidance
• Learn how stereotypes can impact the workplace regulations when it comes to hair textures, locks, twists and braids
• Learn how the Guidance Addresses Bathrooms, Misgendering
• Learn what happens when an Employee Asks an Employer Not to Investigate
• Learn how Pregnancy, Childbirth, or Related Medical Conditions are part of the guidance and what Employers can and can’t do
• Learn how transgender equity is also part of the EEOC guidance and protections
• Learn how to develop an anti-harassment policy that meets EEOC guidelines

Why Should You Attend?

As an HR professional, you’re on the front lines of ensuring a safe and inclusive workplace. The recent updates to the EEOC’s harassment guidance bring both new challenges and opportunities to your role. This webinar is designed to provide you with the tools and knowledge you need to navigate these changes confidently.

You’ll gain insights into how the updated guidance impacts your current policies, helping you address the complexities of workplace harassment in a way that aligns with legal standards. By attending, you’ll be better equipped to protect your organization from legal risks and foster a work environment where every employee feels respected and valued.

This session also offers practical strategies to tackle common HR pain points, such as responding to harassment claims, developing comprehensive policies, and ensuring compliance across your organization. Whether you’re dealing with the nuances of harassment based on race, religion, or LGBTQ status, this webinar will help you stay ahead and manage these issues effectively.

Who Will Benefit?

• Human Resources Managers
• HR Directors
• Compliance Officers
• Employee Relations Specialists
• Workplace Investigators
• Diversity and Inclusion Officers
• Legal Counsel (specializing in employment law)
• Corporate Trainers
• HR Consultants
• Labor Relations Managers
• Talent Management Professionals
• EEO Officers
• Chief Human Resources Officers (CHRO)
• HR Business Partners
• Employee Engagement Managers