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EEOC seeks comments on workplace harassment guidance


The U.S. Equal Employment Opportunity Commission is seeking comments on its proposed updated guidance on workplace harassment.

The agency said in a statement Friday the 143-page proposal reflects notable changes in law, including the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, which barred workplace discrimination based on sexual orientation or gender identity, the #MeToo movement, and emerging issues, such as virtual or online harassment.

The EEOC said proposed guidance on workplace harassment for public comment that it released in 2017 was not finalized.

It said the proposal explains the legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC.

The EEOC said the guidance provides numerous updated examples to reflect a wide range of scenarios; incorporates updates on current case law on workplace harassment; and addresses the proliferation of digital, technology, social media postings and other online content that can contribute to a hostile work environment.

It said that between fiscal years 2016 and 2022, more than one-third of charges received by the EEOC included a harassment allegation.