On Oct. 2, 2023, the U.S. Equal Employment Opportunity Commission (EEOC) issued its long-awaited Proposed Enforcement Guidance on Harassment in the Workplace (Proposed Guidance), which includes comprehensive guidance on different types of harassment and associated liabilities. This Proposed Guidance is the EEOC’s first published proposed guidance on workplace harassment since 1999. It is open for public comment until Nov. 1, 2023.

The Proposed Guidance consolidates and, once final, will supersede all prior EEOC guidance, including Compliance Manual Section 615: Harassment (1987); Policy Guidance on Current Issues of Sexual Harassment (1990); Policy Guidance on Employer Liability under Title VII for Sexual Favoritism (1990); Enforcement Guidance on Harris v. Forklift Systems (1994); and Enforcement Guidance on Vicarious Employer Liability for Unlawful Harassment by Supervisors (1999).

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