Update Anti-Harassment Policies in Light of EEOC Guidance

Carolyn Rashby’s commentary was included in an HR Magazine article discussing actions employers should take in light of the U.S. Equal Employment Opportunity Commission’s (EEOC’s) guidance clarifying that harassment of LGBTQ+ employees can violate Title VII of the Civil Rights Act of 1964. Carolyn provides her insight on why employers should update their anti-harassment policies.

“In this vein, consider adding to anti-harassment policies examples of prohibited conduct on these bases, such as denying employees use of a restroom consistent with their gender identity, intentionally misgendering employees or harassing an employee about contraceptive or other reproductive choices,” she said. Carolyn also noted that the guidance on preventing harassment is the first from the EEOC since the 1990s.

Carolyn adds that employers should consider updating policies to address conduct in the virtual work environment and include examples of prohibited conduct such as displaying inappropriate images in the background during video calls.