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EEOC ISSUES LATEST ENFORCEMENT GUIDANCE ON HARASSMENT IN THE WORKPLACE

On April 29, 2024, the Office of Legal Counsel of the U.S. Equal Employment Opportunity Commission (EEOC) issued its long-awaited updated enforcement guidance on harassment in the workplace. This consolidates and supersedes several earlier EEOC guidance documents.

The guidance addresses how harassment based on race, color, religion, sex, pregnancy, sexual orientation, gender identity, national origin, age, disability, and genetic information is defined under EEOC-enforced statutes. It also outlines the analysis used to determine whether employer liability is established. Although the EEOC notes that the document "does not have the force and effect of law," it does "provide clarity to the public regarding existing requirements under the law or agency policies."

The guidance is divided into six sections.