EEOC’s Landmark Guidance: Navigating Workplace Harassment in the Modern Era

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The Equal Employment Opportunity Commission (“EEOC”) released its first updated enforcement guidance on workplace harassment in 25 years. This update reflects significant legal developments, notably reflecting changes in extending anti-discrimination protections to LGBTQ workers. You may access the EEOC’s guidance here.

The enforcement guidance, while not legally binding, offers thorough legal analysis concerning the standards for harassment and employer liability under the equal employment opportunity (“EEO”) statutes enforced by the Commission. It supersedes several earlier EEOC guidance documents on harassment. Employers should review and familiarize themselves with the same.

The guidance covers a broad spectrum of harassment bases, including race, national origin, religion, sex (including pregnancy, childbirth, gender identity, and sexual orientation), age, and disability. The guidance emphasizes that harassment can occur even when both parties belong to the same protected class and may involve multiple protected characteristics, termed “intersectional harassment.”

Furthermore, the guidance provides specific examples and principles for determining whether conduct constitutes harassment based on protected characteristics, emphasizing the importance of examining the entirety of circumstances.

The guidance serves as a comprehensive resource for employers and employees in navigating and addressing issues of workplace harassment, contributing to fostering inclusive and respectful work environments.

For more information on compliance with the updated EEOC guidance, please contact us at

This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.