EEOC Proposes Updated Enforcement Guidance on Workplace Harassment

On October 2, 2023, the Equal Employment Opportunity Commission (EEOC) put forth its proposed enforcement guidance on harassment in the workplace. This development, published in the Federal Register, could potentially prefigure the first notable shift in the EEOC’s stance on this particular subject since 1999.

The proposed guidance was open for public comments until November 1, 2023, offering a channel through which interested parties could express their perspectives and potential concerns on the presented enforcement strategy.

The EEOC’s initiative in revisiting and refining its guidance on workplace harassment represents a significant movement towards modernizing and adapting its strategies to the contemporary professional landscape. Harassment at work poses a profound threat to a conducive working environment, impacting employees’ mental health, productivity, and overall workplace wellbeing.

The comprehensive update to the EEOC’s guidance would be a significant development in the realm of employment law, propelling further conversations around workplace conduct and its effective regulation. However, until the proposal is issued in final, this draft provides an indicative window into the current thinking at the EEOC and the potential shape of future implementation.

Detailed information regarding this proposed enforcement guidance can be found in the article on JD Supra by Maynard Nexsen.