EEOC Guidance on Workplace Harassment

The EEOC issued updated guidance on workplace harassment (the last EEOC guidance was issued in 1999). The updated guidance reflects societal changes. For example, sex-based harassment can include “repeated and intentional use of a name or pronoun inconsistent with an individual’s know gender identity (misgendering)”. It can also include “the denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity” or harassment of employee decisions on lactation, contraception, or abortion. The guidance took effect on April 29, 2024, but could have legal challenges that the EEOC exceeded its authority. #IdeaoftheDay