On September 29, 2023, the U.S. Equal Employment Opportunity Commission (the EEOC) released its draft guidance concerning harassment in the workplace, reflecting the evolving landscape of employment law. The guidance notably incorporates changes in the law and societal shifts, offering valuable insights for legal professionals navigating these new territories.
The updated EEOC draft guidance was prompted by several significant developments. At the forefront is the U.S. Supreme Court’s decision in Bostock v. Clayton County, Georgia. This landmark ruling expanded the reach of Title VII of the Civil Rights Act to include protection for gay and transgender workers from sex discrimination, significantly reshaping the landscape of workplace discrimination laws.
Moreover, the influence of the #MeToo movement clearly reverberates in the updated guidance. Over the past decade, this movement has highlighted the rampant issue of sexual harassment in the workplace and sparked significant shifts in public awareness and legal interpretations.
Another emerging concern addressed in the new guidance is the rise in virtual or online harassment. With an increasing number of employees working remotely, the conception of a ‘workplace’ has changed dramatically. The EEOC’s updated guidance recognizes this shift and provides legal professionals with tools for understanding and advising on these new forms of harassment.
In conclusion, the EEOC’s draft guidance performs a pivotal role in informing legal practitioners and corporate entities on how to prevent and resolve workplace harassment in a world evolving due to legal rulings, societal movements, and technological advancements. It is highly recommended for legal professionals to thoroughly understand this updated guidance to provide their clients with the best possible advice.
For a more detailed review of the EEOC’s draft guidance, please refer to the article authored by Butler Snow LLP.