
The Equal Employment Opportunity Commission (EEOC) issued its first updated enforcement guidance on workplace harassment in 25 years on April 29, 2024. The guidance reflects a number of new developments concerning workplace discrimination and harassment and reflects U.S. Supreme Court precedent extending anti-discrimination protections to LGBTQ workers.
The EEOC had released the draft version of its guidance in September 2023 after an earlier effort to update existing guidance failed to gain traction during the Trump Administration.
The guidance does not constitute legally binding precedent, but it provides “legal analysis of standards for harassment and employer liability applicable to claims of harassment under the equal employment opportunity (EEO) statutes enforced by the Commission.” The new guidance supersedes several earlier EEOC guidance documents on harassment.
Workplace harassment” is more than just sexual harassment, the U.S. Equal Employment Opportunity Commission (EEOC) reminded employers in guidance published April 29. The commission shared specific examples of the kinds of harassment it deems unlawful—including harassment based on race, sex, religion and other factors.
Why You Should Attend
The EEOC noted that since the Supreme Court held in 1986 that workplace harassment could constitute unlawful discrimination under Title VII of the Civil Rights Act of 1964, harassing conduct remains a serious problem in the workplace, representing more than one-third of the charges received by the EEOC over the last five years.
The enforcement guidance is broken down into the three components of a harassment claim: (1) the covered bases and causation; (2) discrimination respecting a term, condition, or privilege of employment; and (3) liability.
In order for harassment to be actionable under federal EEO statutes, the individual must establish the conduct occurred because of a statutorily protected characteristic. This is based on an examination of the totality of the circumstances. The guidance outlines a number of principles that are used to determine whether harassing conduct is based on protected characteristics. In doing so, however, the guidance notes that not all principles will apply in every instance.
Areas Covered
Who Should Attend
Margie Faulk, PHR, SHRM-CP is a senior level human resources professional with over 14 years of HR management and compliance experience. A former Compliance Officer for Federal Defense Contracting Industry, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s focus is on multi-state, national, state and local workplace compliance. Additionally, Margie is working on International compliance initiatives globally which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico and India, just to name a few.
Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to professionals, business owners and companies interested in having their company compliant with workplace and industry regulations.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from Society for Human Resources Management. Margie has completed the Certified Compliance and Ethics Professional training and is a member of the Society of Corporate Compliance & Ethics (SCCE).
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