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EEOC Guidance on Workplace Harassment and 2023 Litigation Statistics: What Employers Need to Know

As the EEOC enters the final quarter of 2023, it recently issued two publications: its Proposed Enforcement Guidance on Harassment in the Workplace (“Harassment Guidance”) and its preliminary report on EEOC litigation for 2023. The Harassment Guidance details how the EEOC defines workplace harassment and provides detailed examples of what workplace harassment can look like on the basis of race, color, sex, gender identity, and other protected characteristics. Managers and Supervisors need to be trained about various scenarios to ensure that the employer does not become a target for the EEOC.

Preliminary 2023 Litigation Statistics Show EEOC’s Enforcement Focus

The EEOC’s preliminary 2023 litigation statistics show a substantial increase in litigation by the Commission. So far in 2023, the EEOC has filed 143 new lawsuits, a more than 50% increase in new lawsuits compared to 2022. One factor leading to this increase in lawsuits is the EEOC’s focus on systemic discrimination, which is discrimination based on a “pattern or practice” of employer discrimination. In 2023, the EEOC filed 25 systemic lawsuits, the largest number of systemic lawsuits in the past 5 years. Additionally, the EEOC has filed another 32 lawsuits seeking relief for multiple harmed parties. The remaining 86 cases filed by the EEOC constituted lawsuits brought on behalf of individuals.

Normally, the EEOC’s litigation efforts demonstrate a focus on a specific category of discrimination, such as sexual harassment, race discrimination, or discrimination regarding a specific benefit such as wages or leave. However, the preliminary 2023 litigation report provides that the EEOC’s 2023 lawsuits challenged workplace discrimination under “all of the statutes” enforced by the EEOC and demonstrate a broad array of workplace issues. Therefore, as always, employers should be careful of violating any employment discrimination laws, and certainly any systemic violations which will continue to be a focus of the EEOC in 2024.

Workplace Harassment Guidance

On the heels of its 2023 litigation report, the EEOC also issued its Harassment Guidance for employers, which provides detailed examples of harassment in the workplace based on many different protected characteristics. While this Harassment Guidance is not a legal obligation, it does provide guidance on how the EEOC will likely categorize and handle workplace harassment situations, and can be an important tool for employers in training their workplace to avoid harassment claims.

            One focus of the report is that the increase in virtual workplace activities, such as virtual meetings, electronic communications, and collaborative work performed across computer platforms, can lead to an increase in virtual workplace harassment.

            The guidance also addresses examples of workplace harassment based on specific protected characteristics. One example of such workplace harassment is intentionally and repeatedly misgendering or misnaming someone inconsistent with their gender identity. The Harassment Guidance also gives an example of race-based harassment based on an employee’s name, accent, cultural dress, and/or grooming practices. For sex-based harassment, the Harassment Guidance gives examples of both sexual harassment that is “same-sex” in nature, such as men sexually harassing another man, and opposite-sex harassment, with women facing sex-based epithets about women working in construction.

            Employers should carefully review this Harassment Guidance and have supervisors trained to avoid such conduct, because the EEOC has demonstrated that it will likely target such conduct in future investigations, charges, and lawsuits. The EEOC is continuing to actively pursue and litigate all forms of discrimination, and employers should ensure that they have a proper preventive maintenance program in place to maintain compliance with discrimination and harassment laws and reduce exposure to lawsuits.

E. Fredrick Preis, Jr. and Philip Giorlando are attorneys in the Labor & Employment Section of the Breazeale, Sachse & Wilson law firm, which represents management.  They can be reached at the following e-mail addresses: fred.preis@bswllp.com and philip.giorlando@bswllp.com.

EEOC Guidance on Workplace Harassment and 2023 Litigation Statistics: What Employers Need to Know

As the EEOC enters the final quarter of 2023, it recently issued two publications: its Proposed Enforcement Guidance on Harassment in the Workplace (“Harassment Guidance”) and its preliminary report on EEOC litigation for 2023. The Harassment Guidance details how the EEOC defines workplace harassment and provides detailed examples of what workplace harassment can look like on the basis of race, color, sex, gender identity, and other protected characteristics. Managers and Supervisors need to be trained about various scenarios to ensure that the employer does not become a target for the EEOC.

Preliminary 2023 Litigation Statistics Show EEOC’s Enforcement Focus

The EEOC’s preliminary 2023 litigation statistics show a substantial increase in litigation by the Commission. So far in 2023, the EEOC has filed 143 new lawsuits, a more than 50% increase in new lawsuits compared to 2022. One factor leading to this increase in lawsuits is the EEOC’s focus on systemic discrimination, which is discrimination based on a “pattern or practice” of employer discrimination. In 2023, the EEOC filed 25 systemic lawsuits, the largest number of systemic lawsuits in the past 5 years. Additionally, the EEOC has filed another 32 lawsuits seeking relief for multiple harmed parties. The remaining 86 cases filed by the EEOC constituted lawsuits brought on behalf of individuals.

Normally, the EEOC’s litigation efforts demonstrate a focus on a specific category of discrimination, such as sexual harassment, race discrimination, or discrimination regarding a specific benefit such as wages or leave. However, the preliminary 2023 litigation report provides that the EEOC’s 2023 lawsuits challenged workplace discrimination under “all of the statutes” enforced by the EEOC and demonstrate a broad array of workplace issues. Therefore, as always, employers should be careful of violating any employment discrimination laws, and certainly any systemic violations which will continue to be a focus of the EEOC in 2024.

Workplace Harassment Guidance

On the heels of its 2023 litigation report, the EEOC also issued its Harassment Guidance for employers, which provides detailed examples of harassment in the workplace based on many different protected characteristics. While this Harassment Guidance is not a legal obligation, it does provide guidance on how the EEOC will likely categorize and handle workplace harassment situations, and can be an important tool for employers in training their workplace to avoid harassment claims.

            One focus of the report is that the increase in virtual workplace activities, such as virtual meetings, electronic communications, and collaborative work performed across computer platforms, can lead to an increase in virtual workplace harassment.

            The guidance also addresses examples of workplace harassment based on specific protected characteristics. One example of such workplace harassment is intentionally and repeatedly misgendering or misnaming someone inconsistent with their gender identity. The Harassment Guidance also gives an example of race-based harassment based on an employee’s name, accent, cultural dress, and/or grooming practices. For sex-based harassment, the Harassment Guidance gives examples of both sexual harassment that is “same-sex” in nature, such as men sexually harassing another man, and opposite-sex harassment, with women facing sex-based epithets about women working in construction.

            Employers should carefully review this Harassment Guidance and have supervisors trained to avoid such conduct, because the EEOC has demonstrated that it will likely target such conduct in future investigations, charges, and lawsuits. The EEOC is continuing to actively pursue and litigate all forms of discrimination, and employers should ensure that they have a proper preventive maintenance program in place to maintain compliance with discrimination and harassment laws and reduce exposure to lawsuits.

E. Fredrick Preis, Jr. and Philip Giorlando are attorneys in the Labor & Employment Section of the Breazeale, Sachse & Wilson law firm, which represents management.  They can be reached at the following e-mail addresses: fred.preis@bswllp.com and philip.giorlando@bswllp.com.

EEOC Guidance on Workplace Harassment and 2023 Litigation Statistics: What Employers Need to Know

As the EEOC enters the final quarter of 2023, it recently issued two publications: its Proposed Enforcement Guidance on Harassment in the Workplace (“Harassment Guidance”) and its preliminary report on EEOC litigation for 2023. The Harassment Guidance details how the EEOC defines workplace harassment and provides detailed examples of what workplace harassment can look like on the basis of race, color, sex, gender identity, and other protected characteristics. Managers and Supervisors need to be trained about various scenarios to ensure that the employer does not become a target for the EEOC.

Preliminary 2023 Litigation Statistics Show EEOC’s Enforcement Focus

The EEOC’s preliminary 2023 litigation statistics show a substantial increase in litigation by the Commission. So far in 2023, the EEOC has filed 143 new lawsuits, a more than 50% increase in new lawsuits compared to 2022. One factor leading to this increase in lawsuits is the EEOC’s focus on systemic discrimination, which is discrimination based on a “pattern or practice” of employer discrimination. In 2023, the EEOC filed 25 systemic lawsuits, the largest number of systemic lawsuits in the past 5 years. Additionally, the EEOC has filed another 32 lawsuits seeking relief for multiple harmed parties. The remaining 86 cases filed by the EEOC constituted lawsuits brought on behalf of individuals.

Normally, the EEOC’s litigation efforts demonstrate a focus on a specific category of discrimination, such as sexual harassment, race discrimination, or discrimination regarding a specific benefit such as wages or leave. However, the preliminary 2023 litigation report provides that the EEOC’s 2023 lawsuits challenged workplace discrimination under “all of the statutes” enforced by the EEOC and demonstrate a broad array of workplace issues. Therefore, as always, employers should be careful of violating any employment discrimination laws, and certainly any systemic violations which will continue to be a focus of the EEOC in 2024.

Workplace Harassment Guidance

On the heels of its 2023 litigation report, the EEOC also issued its Harassment Guidance for employers, which provides detailed examples of harassment in the workplace based on many different protected characteristics. While this Harassment Guidance is not a legal obligation, it does provide guidance on how the EEOC will likely categorize and handle workplace harassment situations, and can be an important tool for employers in training their workplace to avoid harassment claims.

            One focus of the report is that the increase in virtual workplace activities, such as virtual meetings, electronic communications, and collaborative work performed across computer platforms, can lead to an increase in virtual workplace harassment.

            The guidance also addresses examples of workplace harassment based on specific protected characteristics. One example of such workplace harassment is intentionally and repeatedly misgendering or misnaming someone inconsistent with their gender identity. The Harassment Guidance also gives an example of race-based harassment based on an employee’s name, accent, cultural dress, and/or grooming practices. For sex-based harassment, the Harassment Guidance gives examples of both sexual harassment that is “same-sex” in nature, such as men sexually harassing another man, and opposite-sex harassment, with women facing sex-based epithets about women working in construction.

            Employers should carefully review this Harassment Guidance and have supervisors trained to avoid such conduct, because the EEOC has demonstrated that it will likely target such conduct in future investigations, charges, and lawsuits. The EEOC is continuing to actively pursue and litigate all forms of discrimination, and employers should ensure that they have a proper preventive maintenance program in place to maintain compliance with discrimination and harassment laws and reduce exposure to lawsuits.

E. Fredrick Preis, Jr. and Philip Giorlando are attorneys in the Labor & Employment Section of the Breazeale, Sachse & Wilson law firm, which represents management.  They can be reached at the following e-mail addresses: fred.preis@bswllp.com and philip.giorlando@bswllp.com.

EEOC Guidance on Workplace Harassment and 2023 Litigation Statistics: What Employers Need to Know

As the EEOC enters the final quarter of 2023, it recently issued two publications: its Proposed Enforcement Guidance on Harassment in the Workplace (“Harassment Guidance”) and its preliminary report on EEOC litigation for 2023. The Harassment Guidance details how the EEOC defines workplace harassment and provides detailed examples of what workplace harassment can look like on the basis of race, color, sex, gender identity, and other protected characteristics. Managers and Supervisors need to be trained about various scenarios to ensure that the employer does not become a target for the EEOC.

Preliminary 2023 Litigation Statistics Show EEOC’s Enforcement Focus

The EEOC’s preliminary 2023 litigation statistics show a substantial increase in litigation by the Commission. So far in 2023, the EEOC has filed 143 new lawsuits, a more than 50% increase in new lawsuits compared to 2022. One factor leading to this increase in lawsuits is the EEOC’s focus on systemic discrimination, which is discrimination based on a “pattern or practice” of employer discrimination. In 2023, the EEOC filed 25 systemic lawsuits, the largest number of systemic lawsuits in the past 5 years. Additionally, the EEOC has filed another 32 lawsuits seeking relief for multiple harmed parties. The remaining 86 cases filed by the EEOC constituted lawsuits brought on behalf of individuals.

Normally, the EEOC’s litigation efforts demonstrate a focus on a specific category of discrimination, such as sexual harassment, race discrimination, or discrimination regarding a specific benefit such as wages or leave. However, the preliminary 2023 litigation report provides that the EEOC’s 2023 lawsuits challenged workplace discrimination under “all of the statutes” enforced by the EEOC and demonstrate a broad array of workplace issues. Therefore, as always, employers should be careful of violating any employment discrimination laws, and certainly any systemic violations which will continue to be a focus of the EEOC in 2024.

Workplace Harassment Guidance

On the heels of its 2023 litigation report, the EEOC also issued its Harassment Guidance for employers, which provides detailed examples of harassment in the workplace based on many different protected characteristics. While this Harassment Guidance is not a legal obligation, it does provide guidance on how the EEOC will likely categorize and handle workplace harassment situations, and can be an important tool for employers in training their workplace to avoid harassment claims.

            One focus of the report is that the increase in virtual workplace activities, such as virtual meetings, electronic communications, and collaborative work performed across computer platforms, can lead to an increase in virtual workplace harassment.

            The guidance also addresses examples of workplace harassment based on specific protected characteristics. One example of such workplace harassment is intentionally and repeatedly misgendering or misnaming someone inconsistent with their gender identity. The Harassment Guidance also gives an example of race-based harassment based on an employee’s name, accent, cultural dress, and/or grooming practices. For sex-based harassment, the Harassment Guidance gives examples of both sexual harassment that is “same-sex” in nature, such as men sexually harassing another man, and opposite-sex harassment, with women facing sex-based epithets about women working in construction.

            Employers should carefully review this Harassment Guidance and have supervisors trained to avoid such conduct, because the EEOC has demonstrated that it will likely target such conduct in future investigations, charges, and lawsuits. The EEOC is continuing to actively pursue and litigate all forms of discrimination, and employers should ensure that they have a proper preventive maintenance program in place to maintain compliance with discrimination and harassment laws and reduce exposure to lawsuits.

E. Fredrick Preis, Jr. and Philip Giorlando are attorneys in the Labor & Employment Section of the Breazeale, Sachse & Wilson law firm, which represents management.  They can be reached at the following e-mail addresses: fred.preis@bswllp.com and philip.giorlando@bswllp.com.

EEOC Guidance on Workplace Harassment and 2023 Litigation Statistics: What Employers Need to Know

As the EEOC enters the final quarter of 2023, it recently issued two publications: its Proposed Enforcement Guidance on Harassment in the Workplace (“Harassment Guidance”) and its preliminary report on EEOC litigation for 2023. The Harassment Guidance details how the EEOC defines workplace harassment and provides detailed examples of what workplace harassment can look like on the basis of race, color, sex, gender identity, and other protected characteristics. Managers and Supervisors need to be trained about various scenarios to ensure that the employer does not become a target for the EEOC.

Preliminary 2023 Litigation Statistics Show EEOC’s Enforcement Focus

The EEOC’s preliminary 2023 litigation statistics show a substantial increase in litigation by the Commission. So far in 2023, the EEOC has filed 143 new lawsuits, a more than 50% increase in new lawsuits compared to 2022. One factor leading to this increase in lawsuits is the EEOC’s focus on systemic discrimination, which is discrimination based on a “pattern or practice” of employer discrimination. In 2023, the EEOC filed 25 systemic lawsuits, the largest number of systemic lawsuits in the past 5 years. Additionally, the EEOC has filed another 32 lawsuits seeking relief for multiple harmed parties. The remaining 86 cases filed by the EEOC constituted lawsuits brought on behalf of individuals.

Normally, the EEOC’s litigation efforts demonstrate a focus on a specific category of discrimination, such as sexual harassment, race discrimination, or discrimination regarding a specific benefit such as wages or leave. However, the preliminary 2023 litigation report provides that the EEOC’s 2023 lawsuits challenged workplace discrimination under “all of the statutes” enforced by the EEOC and demonstrate a broad array of workplace issues. Therefore, as always, employers should be careful of violating any employment discrimination laws, and certainly any systemic violations which will continue to be a focus of the EEOC in 2024.

Workplace Harassment Guidance

On the heels of its 2023 litigation report, the EEOC also issued its Harassment Guidance for employers, which provides detailed examples of harassment in the workplace based on many different protected characteristics. While this Harassment Guidance is not a legal obligation, it does provide guidance on how the EEOC will likely categorize and handle workplace harassment situations, and can be an important tool for employers in training their workplace to avoid harassment claims.

            One focus of the report is that the increase in virtual workplace activities, such as virtual meetings, electronic communications, and collaborative work performed across computer platforms, can lead to an increase in virtual workplace harassment.

            The guidance also addresses examples of workplace harassment based on specific protected characteristics. One example of such workplace harassment is intentionally and repeatedly misgendering or misnaming someone inconsistent with their gender identity. The Harassment Guidance also gives an example of race-based harassment based on an employee’s name, accent, cultural dress, and/or grooming practices. For sex-based harassment, the Harassment Guidance gives examples of both sexual harassment that is “same-sex” in nature, such as men sexually harassing another man, and opposite-sex harassment, with women facing sex-based epithets about women working in construction.

            Employers should carefully review this Harassment Guidance and have supervisors trained to avoid such conduct, because the EEOC has demonstrated that it will likely target such conduct in future investigations, charges, and lawsuits. The EEOC is continuing to actively pursue and litigate all forms of discrimination, and employers should ensure that they have a proper preventive maintenance program in place to maintain compliance with discrimination and harassment laws and reduce exposure to lawsuits.

E. Fredrick Preis, Jr. and Philip Giorlando are attorneys in the Labor & Employment Section of the Breazeale, Sachse & Wilson law firm, which represents management.  They can be reached at the following e-mail addresses: fred.preis@bswllp.com and philip.giorlando@bswllp.com.

EEOC Guidance on Workplace Harassment and 2023 Litigation Statistics: What Employers Need to Know

As the EEOC enters the final quarter of 2023, it recently issued two publications: its Proposed Enforcement Guidance on Harassment in the Workplace (“Harassment Guidance”) and its preliminary report on EEOC litigation for 2023. The Harassment Guidance details how the EEOC defines workplace harassment and provides detailed examples of what workplace harassment can look like on the basis of race, color, sex, gender identity, and other protected characteristics. Managers and Supervisors need to be trained about various scenarios to ensure that the employer does not become a target for the EEOC.

Preliminary 2023 Litigation Statistics Show EEOC’s Enforcement Focus

The EEOC’s preliminary 2023 litigation statistics show a substantial increase in litigation by the Commission. So far in 2023, the EEOC has filed 143 new lawsuits, a more than 50% increase in new lawsuits compared to 2022. One factor leading to this increase in lawsuits is the EEOC’s focus on systemic discrimination, which is discrimination based on a “pattern or practice” of employer discrimination. In 2023, the EEOC filed 25 systemic lawsuits, the largest number of systemic lawsuits in the past 5 years. Additionally, the EEOC has filed another 32 lawsuits seeking relief for multiple harmed parties. The remaining 86 cases filed by the EEOC constituted lawsuits brought on behalf of individuals.

Normally, the EEOC’s litigation efforts demonstrate a focus on a specific category of discrimination, such as sexual harassment, race discrimination, or discrimination regarding a specific benefit such as wages or leave. However, the preliminary 2023 litigation report provides that the EEOC’s 2023 lawsuits challenged workplace discrimination under “all of the statutes” enforced by the EEOC and demonstrate a broad array of workplace issues. Therefore, as always, employers should be careful of violating any employment discrimination laws, and certainly any systemic violations which will continue to be a focus of the EEOC in 2024.

Workplace Harassment Guidance

On the heels of its 2023 litigation report, the EEOC also issued its Harassment Guidance for employers, which provides detailed examples of harassment in the workplace based on many different protected characteristics. While this Harassment Guidance is not a legal obligation, it does provide guidance on how the EEOC will likely categorize and handle workplace harassment situations, and can be an important tool for employers in training their workplace to avoid harassment claims.

            One focus of the report is that the increase in virtual workplace activities, such as virtual meetings, electronic communications, and collaborative work performed across computer platforms, can lead to an increase in virtual workplace harassment.

            The guidance also addresses examples of workplace harassment based on specific protected characteristics. One example of such workplace harassment is intentionally and repeatedly misgendering or misnaming someone inconsistent with their gender identity. The Harassment Guidance also gives an example of race-based harassment based on an employee’s name, accent, cultural dress, and/or grooming practices. For sex-based harassment, the Harassment Guidance gives examples of both sexual harassment that is “same-sex” in nature, such as men sexually harassing another man, and opposite-sex harassment, with women facing sex-based epithets about women working in construction.

            Employers should carefully review this Harassment Guidance and have supervisors trained to avoid such conduct, because the EEOC has demonstrated that it will likely target such conduct in future investigations, charges, and lawsuits. The EEOC is continuing to actively pursue and litigate all forms of discrimination, and employers should ensure that they have a proper preventive maintenance program in place to maintain compliance with discrimination and harassment laws and reduce exposure to lawsuits.

E. Fredrick Preis, Jr. and Philip Giorlando are attorneys in the Labor & Employment Section of the Breazeale, Sachse & Wilson law firm, which represents management.  They can be reached at the following e-mail addresses: fred.preis@bswllp.com and philip.giorlando@bswllp.com.