January 15 Tip of the Week

“New Guidance on Sexual Harassment Standards”

Employers are responsible for providing employees with a work environment that is free from harassment and discrimination.  Employer liability for sexual harassment and other forms of harassment is dependent on a number of factors and issues, but the bottom line is that employers must take employee complaints regarding sexual and other forms of harassment seriously.   What does this mean?  Over time, the approach to sexual harassment has changed but the standards applied by the Equal Employment Opportunity Commission, the federal agency responsible for addressing workplace harassment and discrimination, have largely been based on cases and legislation that was passed in the 1990s.

The EEOC has recently issued proposed guidelines for enforcing the laws related to workplace harassment.  This guidance, issued on October 2, 2023, entitled “PROPOSED Enforcement Guidance on Harassment in the Workplace,” can be found at this link: https://www.eeoc.gov/proposed-enforcement-guidance-harassment-workplace.  The new guidance is comprehensive and addresses several issues, such as an employer’s obligation to respond to harassment complaints, the types of harassment that can occur in the workplace, when conduct outside the workplace can be considered work-related, and other important factors that contribute to the determination of employer liability for workplace harassment. 

It is often difficult for employers to determine what constitutes harassing behavior in the workplace.  Claims of harassment involve interactions between human beings who have different levels of friendship and often involve interactions that once would have been seen as acceptable, but become unacceptable when the nature of the relationship changes.  Using examples to explain the standards that the agency applies when reviewing harassment complaints, this guidance is comprehensive and provides employers with a better understanding of their obligations. 

If you are dealing with a harassment complaint or any other difficult workplace issue, myHRcounsel can assist you in addressing the situation in a positive, proactive manner.