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EEOC's New Harassment Guidance

Posted by Stephen B. Rotter | May 13, 2024 | 0 Comments

EEOC's New Harassment Guidance - apparently stuck in Y2K, after 25 years the EEOC finally issued new guidance on workplace harassment. 

Employers need to implement several key measures to combat harassment in the workplace, including a clear anti-harassment policy, a safe and effective complaint process, recurring training for all employees, and prompt, impartial investigations with proper data gathering and remedial action (using an independent investigator, such as a workplace law attorney, is highly recommended).

Did you know that "color" is separate from "race" and may include skin tone differences among same-race employees? Sexual orientation and gender identity are also now protected, as are pregnancy, childbirth, and related medical conditions like lactation, contraception, and abortion decisions when linked to an individual's gender.

Intraclass harassment (e.g., using a racial slur when both employees are the same race) and intersectional harassment (e.g., harassment is based on 2+ categories) are also covered.

Finally, it's important to note that the definition of "workplace" includes video meetings, social media platforms, and other hybrid or work from home situations.

The EEOC provides 77 examples as part of its new guidance, and Key Provisions are available on their website. It's time to take action and ensure a safe and respectful workplace for all employees.

Call or email if you want advice & counsel, need a proper investigation, or want to chat about the EEOC's workplace expectations.

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