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In October 2023, the Equal Employment Opportunity Commission (EEOC) issued its Proposed Enforcement Guidance (Proposed Guidance) on Harassment in the Workplace. This Proposed Guidance will help ensure the consistent and effective enforcement of federal laws protecting against workplace harassment by explaining and analyzing the legal standards for workplace harassment claims. The Proposed Guidance not only reflects the current state of the law but also the complex ways in which harassment shows up in our workplaces and impacts workers’ lives. Once finalized, it will serve as an important resource for EEOC staff, as well as employers, workers, attorneys, and courts.
On November 1, 2023, NWLC submitted comments to the EEOC expressing support for the Proposed Guidance and offering suggestions to strengthen the Final Guidance. NWLC also coordinated a sign-on comment—joined by 17 organizations committed to the protection and advancement of sexual and reproductive health, rights, and justice—that praised the Proposed Guidance for its recognition that sex-based harassment includes harassment on the basis of “pregnancy, childbirth, or related medical conditions,” including an employee’s reproductive health care decisions.
NWLC believes that the Proposed Guidance will promote strong enforcement of federal anti-discrimination laws and forward the reduction of sex-based harassment in the workplace, and we encourage the EEOC to finalize the Proposed Guidance swiftly.