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EEOC Revising Enforcement Policies on Workplace Harassment

The EEOC has issued for public comment a proposed update to its enforcement policies on various types of harassment under laws it enforces for the federal workplace and larger private sector employers.

The new policy reflects developments in recent years including the impact of court rulings, changes in law, and emerging issues such as virtual or online harassment, and is a revised version of a proposed update issued for comment in 2017 but never finalized, the agency said.

It describes legal standards and employer liability applicable to harassment claims under laws governing discrimination based on race, color, religion, sex (including sexual orientation, transgender status, and pregnancy), national origin, disability, age (40 and older) or genetic information.

“Specifically, it provides numerous updated examples to reflect a wide range of scenarios, incorporates updates throughout on current case law on workplace harassment, and addresses the proliferation of digital technology and how social media postings and other online content can contribute to a hostile work environment,” said the EEOC.

Over 2016-2022, more than a third of charges received at the agency involved harassment, it said.

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