Updated EEOC Guidance on Harassment

On April 29, 2024, the EEOC released its Enforcement Guidance on Harassment in the Workplace (the “Guidance”), which applies to private employers of 15 or more employees and addresses harassment by co-workers, supervisors, and third parties, including clients.  More specifically, the Guidance addresses (1) virtual harassment by highlighting that comments based on stereotypes during Zoom meetings or in “joke” emails, for example, may constitute harassment; (2) an employer’s potential liability where an employee’s conduct on social media outside the work environment may contribute to a hostile work environment; (3) that unlawful harassment may still occur even where the harasser and victim share the same protected characteristic (“intra-class harassment”); and (4) that sex-based harassment can include questions about an individual’s sexual orientation, gender identity, gender transition, or intimate body parts.  Harassment can even include denial of access to a bathroom or facility consistent with the employee’s gender identity.

Covered employers should review their anti-harassment policies and ensure they are prepared to address any updates on what may constitute workplace harassment in light of the EEOC’s Guidance.