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EEOC Finalizes Long-Delayed Harassment Guidance
On April 29, 2024, the Equal Employment Opportunity Commission finalized its Enforcement Guidance on Harassment in the Workplace, superseding earlier publications from the 1980s and 1990s. The Guidance includes over 70 examples of unlawful harassment, including issues concerning older workers, immigrant workers, and survivors of gender-based violence. It also provides examples of how employees may be subjected to unlawful harassment not only by coworkers or supervisors, but also by customers, contractors, and other third parties.
The Guidance also provides examples of harassment based on the combination of two or more protected characteristics (known as intersectional harassment) and harassment by someone with the same protected characteristic (known as intraclass harassment), as well as potential violations relating to intrusive questions about someone’s sexual orientation, gender identity, or gender transition. Outing or repeatedly misgendering a co-worker can also run afoul of the statute, in addition to denying an employee access to a bathroom or other workplace facility that is consistent with their gender identity.
The Guidance is designed to update the EEOC’s advice to factor in developments such as the U.S. Supreme Court’s 2020 landmark decision in Bostock v. Clayton County, Georgia, the #MeToo movement, the virtual work environment, and social media. The guidance is available here: Enforcement Guidance on Harassment in the Workplace | U.S. Equal Employment Opportunity Commission (eeoc.gov).
On May 13, a coalition of 18 Republican state attorneys general filed suit in U.S. District Court for the Eastern District of Tennessee challenging the guidance, arguing its protections relating to gender identity/transgender people amount to government overreach.
About McDonald Carano
In 2024, McDonald Carano celebrated its 75ᵗʰ Anniversary of serving Nevada’s legal, business, government, and civic communities. More than 60 lawyers and government affairs professionals serve Nevada, national, and international clients from our offices in Reno, Las Vegas, and Carson City. McDonald Carano provides transactional, litigation, regulatory, and government affairs services to startups, corporations, private companies, trade associations, nonprofits, public entities, high-net-worth individuals, and family offices throughout Nevada. We are deeply committed to supporting local communities by volunteering our time, resources, and services, including pro bono legal services, to nonprofit organizations, charitable foundations, and public service entities. We are proud to be your Nevada law firm since 1949.
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