The U.S. Equal Employment Opportunity Commission (EEOC) on Monday, April 29, published a new guidance updating longstanding guidance on workplace harassment to align with the Supreme Court’s 2020 decision in Bostock v.
Clayton County ruling that in existing laws prohibiting harassment based on “sex,” “sex includes” sexual orientation and gender identity. “By providing this resource on the legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC, the guidance will help people feel safe on the job and assist employers in creating respectful workplaces,” noted an EEOC press release. “These laws protect covered employees from harassment based on race, color, religion, sex (including pregnancy, childbirth or related medical conditions; sexual orientation and gender identity), national origin, disability, age (40 or older) or genetic information,” the press release continued.
The new guidance “updates, consolidates and replaces the agency’s five guidance documents issued between 1987 and 1999, and serves as a single, unified agency resource on EEOC-enforced workplace harassment law.
It reflects the Commission’s consideration of the robust public input that it received after the guidance was posted for public comment in fall 2023,” the press release noted.