The Equal Employment Opportunity Commission (EEOC) issued its first updated enforcement guidance on workplace harassment in 25 years on April 29, 2024. The guidance reflects a number of new developments concerning workplace discrimination and harassment and reflects U.S. Supreme Court precedent extending anti-discrimination protections to LGBTQ workers.
The EEOC released the draft version of its guidance in September 2023 after an earlier effort to update existing guidance failed to gain traction during the Trump Administration.
The guidance does not constitute a legally binding precedent, but it provides “legal analysis of standards for harassment and employer liability applicable to claims of harassment under the equal employment opportunity (EEO) statutes enforced by the Commission.” The new guidance supersedes several earlier EEOC guidance documents on harassment.
Workplace harassment” is more than just sexual harassment, the U.S. Equal Employment Opportunity Commission (EEOC) reminded employers in guidance published April 29. The commission shared specific examples of the kinds of harassment it deems unlawful—including harassment based on race, sex, religion, and other factors.
Areas Covered in the Session:-
Why Should You Attend:-
The EEOC noted that since the Supreme Court held in 1986 that workplace harassment could constitute unlawful discrimination under Title VII of the Civil Rights Act of 1964, harassing conduct remains a serious problem in the workplace, representing more than one-third of the charges received by the EEOC over the last five years.
The enforcement guidance is broken down into the three components of a harassment claim: (1) the covered bases and causation; (2) discrimination respecting a term, condition, or privilege of employment; and (3) liability.
In order for harassment to be actionable under federal EEO statutes, the individual must establish the conduct occurred because of a statutorily protected characteristic. This is based on an examination of the totality of the circumstances. The guidance outlines a number of principles that are used to determine whether harassing conduct is based on protected characteristics. In doing so, however, the guidance notes that not all principles will apply in every instance.
Who will Benefit:-
Margie Faulk is a senior-level human resource professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties for violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management.
Margie is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness, not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace regulations.
Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part of an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book, and other compliance program tools when attendees register and attend Margie’s training.
Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
WebinarWaves is a digital platform that assists you in owning your future by learning new skills and updated information.
© 2024 Copyright Webinar Waves All Rights Reserved
