For the first time in 25 years, the U.S. Equal Employment Opportunity Commission (EEOC) updated its Enforcement Guidance on Harassment in the Workplace. Employers should review existing anti-harassment policies and trainings with counsel to determine whether any changes are appropriate in light of the new guidance.
In addition to general changes to update the guidance after 25 years of dormancy, new areas of focus include reinforcement of LGBTQ+ employee rights, discussion of sex-based harassment encompassing pregnancy- and reproductive care-related issues, emphasis on intraclass harassment and explanations of how harassment occurs in a remote work environment. The updated guidance also outlines how employers should provide adequate anti-harassment policies, trainings, and complaint procedures, as well as instructs supervisors on how to recognize and report instances of all types of harassment.
