The Equal Employment Opportunity Commission (EEOC) has rolled out updated guidelines on workplace harassment that you, as employers, need to know. Here’s a rundown of six key takeaways you should focus on with actionable tips to maintain a respectful and legally compliant workplace.

 Key Insights and Advice for Employers from EEOC’s Latest Harassment Guidance

What counts as harassment has expanded. The EEOC has expanded its definition of sex-based harassment to include “pregnancy, childbirth, or related medical conditions,” along with transgender identity as protected characteristics. In addition, the updated guidelines emphasize that harassment isn’t just about obvious and overt actions but also subtle behaviors and microaggressions targeting protected characteristics such as race, gender, and religion.

Tip: Review and update your harassment policies and training to cover all forms of inappropriate behavior. Make sure your team knows where the lines are drawn.

Know your liability. As an employer, it is crucial to promptly address any known or potential instances of harassment as soon as you are aware of them. Failure to take swift and appropriate action could result in the company being held legally accountable for the bad behavior of anyone in the workplace, including supervisors, colleagues, or contractors.

Tip: Establish a robust reporting system that encourages employees to speak up without fear of retaliation. Investigate complaints promptly and take decisive steps to address any wrongdoing.

Prevention is key. The EEOC emphasized the importance of taking proactive steps to prevent harassment, including clear policies, regular training, and fostering a culture that values diversity and respect.

Tip: Conduct regular, interactive training sessions for all staff, including supervisors and managers. Emphasize real-world scenarios, including those involving remote work, and make sure everyone understands how to report concerns.

Have zero tolerance for retaliation. Make sure that employees who report harassment or participate in investigations are protected from any form of retaliation. This includes actions like demotion or hostility aimed to punish someone for engaging in a protected activity.

Tip: Clearly communicate your zero-tolerance policy for retaliation. Train supervisors to recognize and address any signs of retaliation swiftly and effectively.

Be aware of intersectionality.Harassment can intersect with multiple protected characteristics (e.g., race and gender). It’s essential to recognize and address all forms of discrimination. 

Tip: Train HR and management to identify intersectional harassment. Ensure your policies are inclusive and support employees facing complex challenges.

By following these guidelines and staying informed about legal updates, you can create a workplace where everyone feels respected and safe. Keep evolving your policies and practices to promote a positive work environment.

 Have questions? As always, Loutel can help.