The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a proposed update to their workplace harassment guidance, the first such overhaul since 1999. The Proposed EEOC Guidance outlines recent legal developments and provides pointers on how to address harassment in the modern workplace.
Foremost among these updates are guidelines pertaining to harassment in remote work settings, an increasingly pertinent topic in the wake of widespread remote work prompted by the COVID-19 pandemic. The proposed guidance emphasizes the need for employers to ensure that harassment policies extend beyond physical workplaces and include digital workspaces as well.
Another crucial inclusion in the New EEOC Guidance is a focus on reproductive rights. While not previously prominent in older guidance, the evolving landscape of employee rights and the growing relevance of this issue has warranted its inclusion. The guidance highlights the importance of ensuring that employees are not subject to harassment or discrimination based on their reproductive health decisions.
The EEOC’s proposed guidance also brings attention to the issues of gender identity and the #MeToo movement. The addition of gender identity into the guidance recognizes the growing awareness and legal protections for transgender and nonbinary individuals in the workplace. As for the #MeToo movement, the recent surge of sexual harassment and assault allegations that rocked various industries served as a stark reminder that workplaces need to address and prevent sexual harassment effectively.
The EEOC’s proposed guidance is currently open for public comment until November 1. This open comment period allows for critiques, concerns, and suggestions from the public to be voiced, a crucial aspect of the regulatory process.
The proposed updates reflect the modern shifts in our understanding and handling of workplace harassment. They underscore the need for our legal and organizational frameworks to adapt and address emerging issues such as remote work, reproductive rights, gender identity discrimination, and the echoes of the #MeToo movement felt across industries worldwide.