Further to Friday’s post, the proposed Enforcement Guidance on Harassment in the Workplace communicates the EEOC’s current position on such issues as
- causation: was the conduct based on a legally-protected characteristic;
- adverse action: did the conduct result in discrimination with respect to a term, condition or privilege of employment; and
- liability: is the employer liable for the conduct. The EEOC has provided updated examples reflecting a range of scenarios, updates on workplace harassment case law, and guidance on how social media and other online content can constitute unlawful harassment.
Please note that documents such as this one, even when final, do not have the force and effect of law and are not binding in any way, but they do provide clarity with respect to the EEOC’s enforcement approach and serve as a helpful tool for employers in reviewing their policies and practices.