EEOC’s Updated Guidance Provides Insight and Opportunity for Employers to Modernize

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Policy and Training

On April 29, the Equal Employment Opportunity Commission issued its Enforcement Guidance on Harassment in the Workplace. While not binding law, the new guidance aims to provide updated information on EEOC’s expanded view of what constitutes workplace harassment, including the expansion of Title VII’s prohibition on sex discrimination based on sexual orientation and gender identity as the U.S. Supreme Court determined in Bostock v. Clayton County in June 2020. This new guidance updates and replaces the EEOC’s previous five guidance documents to provide a single resource for the public on EEOC-enforced workplace harassment laws.