EEOC Proposes New Guidance on Harassment

The Equal Employment Opportunity Commission (EEOC) has released proposed “Enforcement Guidance on Harassment in the Workplace.” The proposed guidance presents a legal analysis of the standards for harassment and employer liability under the laws enforced by the EEOC: the Age Discrimination in Employment Act of 1967 (ADEA), Titles I and V of the Americans with Disabilities Act of 1990 (ADA), the Equal Pay Act of 1963 (EPA), Sections 501 and 505 of the Rehabilitation Act of 1973, and Title VII of the Civil Rights Act of 1964 (Title VII). Public comments may be submitted to the EEOC until Nov. 1.

Key Points:

The new proposed guidance explains how to evaluate whether alleged harassment violates federal EEO law and focuses on the three components of a harassment claim:

• Covered bases and causation: Was the conduct based on the individual’s legally protected characteristic under the federal EEO statutes?
• Discrimination with respect to a term, condition, or privilege of employment: Did the harassing conduct result in discrimination with respect to a term, condition, or privilege of employment?
• Liability: Is there a basis for holding the employer liable for the conduct?

The new EEOC guidance is very complex. Employers should always review matters that involve the EEOC with an employment law attorney.

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