On April 24, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) released new guidance on harassment in the workplace (“the Guidance”). The Guidance takes effect immediately. The Guidance sets forth the EEOC’s position on harassment that constitutes unlawful discrimination under Title VII of the Civil Rights Act (“Title VII”). Some of the major changes in the Guidance are as follows:
- Sex-based harassment includes harassment based on sexual identity and sexual orientation.
- Unlawful harassment based on pregnancy or childbirth may include issues such as lactation and decisions regarding contraception and abortion.
- Harassment based on “color” (including skin color pigmentation considerations) is prohibited
- Conduct on video meetings can contribute to a hostile work environment
- Conduct on non-work-related platforms, such as social media accounts, may contribute to creating a hostile work environment
- A hostile work environment may be established by a single incident
- Title VII prohibits “intraclass harassment,” (meaning harassment based on a protected characteristic but conducted by a member of the same protected class).
Why New Guidance? The Guidance was released to address the transformation in workplace environments due to the advent of the internet. Certain technological innovations, such as email and video conferencing, have become indispensable tools for business operations. In addition, the Guidance was released after the Supreme Court’s 2020 decision in Bostock v. Clayton County, in which the Court held that harassment based on gender identity or sexual orientation constitutes unlawful sexual harassment under Title VII. After the Court issued the Bostock decision, the EEOC convened a Select Task Force on Harassment in the Workplace and issued a report detailing its recommendations. This Guidance applies Bostock to the harassment context, explaining that harassment based on gender identity or sexual orientation constitutes unlawful sexual harassment under Title VII.
What Does This Mean for Your District? School districts should reevaluate their harassment policies considering the new Guidance. The Guidance itself encourages employers to have clear harassment policies and implement a safe and effective system for employees to report harassment. In addition, all employees should receive updated training on the new Guidance.