On April 29, 2024, the Equal Employment Opportunity Commission (“EEOC”) issued final guidance on workplace harassment. The guidance is effective immediately and is the first time the EEOC has updated its workplace harassment guidance since 1999. It reflects changes in the law in the last two decades, including making clear that federal law prohibits discrimination on the basis of sexual orientation and gender identity.

The guidance provides an overview of anti-harassment laws but does not change legal requirements currently applicable to employers. While the guidance is not law and not binding on a court, it is intended to serve as a resource for employers, employees, and others, and provides insight into how the EEOC views various topics related to workplace harassment.

Employers should review the guidance because it provides 75+ examples, as well as other information, that can be helpful in understanding the nuances of anti-harassment laws. For example, the guidance notes that “[n]ot all harassing conduct violates the law, even if it is because of a legally protected characteristic,” and it provides several examples of unlawful harassment.

The guidance also covers topics such as establishing causation, hostile work environment, liability for harassment claims, and remote work.