April 29, 2024

The Equal Employment Opportunity Commission (EEOC) published “Enforcement Guidance on Harassment in the Workplace,” to reflect developments in the EEOC’s interpretation of and process for enforcing the discrimination laws under its purview.

The EEOC proposed the new guidance for public comment last October and the agency received over 38,000 comments on it. The final guidance clarifies the standards of liability for harassment and a hostile work environment with numerous examples of impermissible conduct across the various anti-discrimination laws the EEOC enforces. The new guidance supersedes the following longstanding EEOC enforcement guidance documents: (1) Compliance Manual Section 615: Harassment (1987); (2) Policy Guidance on Current Issues of Sexual Harassment (1990); (3) Policy Guidance on Employer Liability under Title VII for Sexual Favoritism (1990); (4) Enforcement Guidance on Harris v. Forklift Sys., Inc. (1994); and (5) Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors (1999).

Along with the final guidance, the EEOC issued a “Summary of Key Provisions,” a document for employees, and a fact sheet for small businesses. The final guidance highlights the EEOC’s 2023 Promising Practices for Preventing Harassment in the Federal Sector technical assistance document, which provides practical tips for preventing and addressing harassment within the federal civilian workforce; the EEOC’s 2017 Promising Practices for Preventing Harassment technical assistance document; and the EEOC’s 2016 Report of the Co-Chairs of the Select Task Force on Harassment in the Workplace, which included findings and recommendations about harassment prevention strategies.

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