On June 18, the Equal Employment Opportunity Commission revamped its guidance policy as it relates to an employer’s vicarious liability for supervisory harassment. [FOOTNOTE 1] (See www.eeoc.gov) The EEOC guidelines, although not binding on the courts or employers, provide a comprehensive framework of “dos and don’ts,” along with the strong declaration that prevention is the ideal goal.

This includes, at its core, the implementation, dissemination and enforcement of an effective anti-harassment policy and complaint procedure. It will be left to the courts to determine on a case-by-case basis when an employer has sufficiently complied with its legal responsibilities.

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