EEOC Publishes Final Guidance on Workplace Harassment

Between fiscal years 2016 and 2023, more than one third of all discrimination charges received by the U.S. Equal Employment Opportunity Commission (EEOC) included an allegation of harassment based on race, sex, disability or another characteristic covered by the laws the agency enforces. More than half of federal sector equal employment opportunity complaints the EEOC has received since the fiscal year 2018 have included allegations of harassment.

The EEOC cites those statistics in a recent statement announcing that the agency has published final guidance on harassment in the workplace.

Designed to update, consolidate and replace the EEOC’s five guidance documents issued between 1987 and 1999, the guidance serves as “a single, unified agency resource on EEOC-enforced workplace harassment law,” and reflects the agency’s consideration of public input it has received after posting the guidance for public comment in fall 2023.

The new resource on legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC. These laws cover protected employees from harassment based on race, color, religion, sex (including pregnancy, childbirth or related medical conditions; sexual orientation and gender identity), national origin, disability, age (40 or older) or genetic information.

The guidance includes more than 70 examples illustrating unlawful harassment, the EEOC noted. These instances—which include scenarios involving older workers, immigrant workers and survivors of gender-based violence—underscore how employees may be subjected to unlawful harassment by coworkers or supervisors as well as customers, contractors and other third parties.

The guidance also addresses the growth of virtual work environments and the increasing impact of digital technology and social media on how harassment occurs in the work environment, according to the EEOC, which has issued a number of educational resources in addition to the final guidance, including a summary of key provisions of the EEOC enforcement guidance on harassment in the workplace.

“Harassment, both in-person and online, remains a serious issue in America’s workplaces. The EEOC’s updated guidance on harassment is a comprehensive resource that brings together best practices for preventing and remedying harassment and clarifies recent developments in the law,” said EEOC Chair Charlotte A. Burrows, in a statement.

“The guidance incorporates public input from stakeholders across the country, is aligned with our Strategic Enforcement Plan, and will help ensure that individuals understand their workplace rights and responsibilities.”