A REVIEW OF THE EEOC ENFORCEMENT GUIDANCE ON WORKPLACE HARASSMENT AND ITS VALUE TO WORKPLACE INVESTIGATORS IN A CHANGING LANDSCAPE

Written by Karen C. Carrera

INTRODUCTION

The U.S. Equal Employment Opportunity Commission (EEOC) has long been a pillar in the fight against workplace discrimination. Its recently revised Enforcement Guidance on Harassment in the Workplace ("the Guidance" or "Guidance") provides a comprehensive framework for understanding and addressing harassment under federal laws. The document consolidates and supersedes prior Guidance, reflecting the evolving nature of harassment cases and legal interpretations. This article will summarize the Guidance and provide an analysis of its implications for employees, employers, and workplace investigators. This article will be of particular interest to employment law practitioners and workplace investigators as it clarifies key legal standards, highlights emerging trends in harassment cases, and provides practical insights for ensuring compliance and effective workplace investigations. The depth of this Guidance underscores the EEOC’s ongoing commitment to promoting equitable and inclusive workplaces. This article, current as of March 2025, examines recent changes introduced by the new administration and explores potential future developments.