Member Article

On September 29, 2023, the Equal Employment Opportunity Commission (“EEOC”) published new proposed enforcement guidance ("the Proposed Guidance”) on harassment in the workplace. This is the first proposed EEOC guidance on workplace harassment since the turn of the century. Among other things, the Proposed Guidance responds to changes in working conditions since the COVID-19 pandemic and incorporates recent legal updates, such as the Supreme Court’s majority decision in Bostock v. Clayton County, Georgia (clarifying that Title VII’s prohibition on sex discrimination covers sexual orientation and gender identity discrimination) and the enactment of the federal Pregnant Workers Fairness Act. If adopted, the Proposed Guidance would consolidate and supersede five guidance documents issued from 1987 through 1999.

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