The EEOC’s newly revised harassment guidance represents a major advancement in fostering safer, more inclusive workplaces for all employees—regardless of their gender identity or sexual orientation. By weaving in the implications of the Supreme Court’s Bostock decision and recognizing the realities of remote and hybrid work, the EEOC offers employers a robust framework to better understand, identify, and prevent harassment.
Importantly, this guidance also navigates the delicate balance between upholding free speech and religious expression while maintaining a harassment-free workplace. It’s a thoughtful resource designed to help employers adapt to a shifting work environment and uphold the rights and dignity of every worker.
Key Highlights from the EEOC Update:
- Expanded Protections: The guidance explicitly affirms that sexual orientation and gender identity are protected characteristics under federal harassment laws, in alignment with the Bostock v. Clayton County ruling.
- Remote Work Realities: With remote and hybrid work becoming standard, the EEOC includes over 70 examples illustrating how harassment can occur in digital spaces, not just physical offices.
- Respecting All Rights: The update outlines how employers can support both the right to free expression and the obligation to prevent discriminatory behavior, offering practical direction for managing potentially conflicting rights in the workplace.
Link to entire article: EEOC finalizes harassment guidance, addressing remote work and gender identity