New Employment Guidance Proposed on Hostile Work Practices: The Kiplinger Letter

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Employers take note of some recent guidance proposed by the Equal Employment Opportunity Committee (EEOC) on subjects ranging from sexual harassment to remote work after years of mulling potential changes. 

Harassment can include denial of access to a bathroom or other facility consistent with an employee’s gender identity, as well as the use of an inconsistent name or pronouns, both responses to SCOTUS’s Bostock v. Clayton County, Georgia ruling. Even virtual conduct can contribute to a hostile work environment, including racist and/or sexual comments made in chat functions and video meetings.

Meanwhile, the Equal Employment Opportunity Commission (EEOC) litigation activity is at its highest level in years, fueled by the change in administration and higher budget levels. The agency filed 143 employment discrimination lawsuits in fiscal year 2023, an increase of 50% from the previous fiscal year.