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An employee tells you a customer just harassed them — what should you do? In Bivens v. Zep, Inc. the Sixth Circuit Court of Appeals charts its own course in addressing employer liability for third-party harassment. The Equal...more
The EEOC recently updated its workplace harassment enforcement guidance to reflect a Texas federal court ruling that found the Biden-era EEOC had overstepped its authority by requiring bathroom, dress, and pronoun...more
A federal judge in Texas just ruled that the Equal Employment Opportunity Commission (EEOC) exceeded its authority by issuing enforcement guidance requiring bathroom, dress, and pronoun accommodations. In Thursday’s order...more
Employers bear the responsibility of preventing and correcting harassment in the workplace. While the line between on and off duty conduct has never been crystal clear, in today’s hyper-connected world of social media, the...more
In a March 5, 2025 press release, Andrea Lucas, the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), emphasized the agency’s plans to prioritize holding universities and colleges accountable to prevent...more
The National Labor Relations Board (NLRB) general counsel (GC) has issued a memorandum explaining her view on how employers can balance compliance with the National Labor Relations Act (NLRA) and equal employment opportunity...more
Employment discrimination in the workplace is alive and well. Indeed, according to Monster’s recent Workplace Discrimination Poll, only 9% of workers claim to have NOT faced some form of workplace discrimination. There have...more
Picture this: You're packing up your office, getting ready to head home for the evening, when your human resources manager peaks her head in. She explains that she has just fielded a complaint from a female employee: a male...more
It is not news that employees “hang out” and socialize “outside of work” through social media platforms. While these platforms provide outlets for employees to express themselves, bond, chat, joke, and share vacation photos,...more
On July 17, 2024, the U.S. District for the Northern District of Texas rejected the State of Texas’s request that it vacate recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) on harassment and...more
We all appreciate the practical importance of training. It can certainly help eliminate pesky and undesirable workplace issues. Heck, it can even help create a desirable workplace for employees....more
Recent guidance from the U.S. Equal Employment Opportunity Commission (EEOC) offers best practices for employers in the construction industry to prevent and address harassment in the workplace....more
Jocelyn Samuels was designated by President Joe Biden as Vice Chair of EEOC on January 20, 2021. She joined the EEOC as a Commissioner on October 14, 2020, and on July 14, 2021, was confirmed for a second term ending in 2026....more
The U.S. Equal Employment Opportunity Commission (EEOC) released long-awaited Enforcement Guidance on Harassment in the Workplace, No. 915.064. The EEOC also published a “Summary of Key Provisions,” FAQs for employees, and a...more
Federal employment protections for LGBTQ+ individuals have greatly expanded over the past four years. While the U.S. Equal Employment Opportunity Commission (EEOC) remains committed to preventing workplace discrimination...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) finally published its updated guidance on workplace harassment, formalizing the EEOC's position regarding additional protections for employees....more
The Equal Employment Opportunity Commission’s (EEOC) first updated enforcement guidance on workplace harassment in 25 years is broken down into the three components of a harassment claim: (1) the covered bases and causation;...more
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...more
“The rock and the hard place.” How often do employers find themselves here? If employers have LGBTQ employees in certain states, they are now bumping up against the “rock” of federal laws, like Title VII and Title IX, and the...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance on workplace harassment, effective immediately. Guidance on this topic had not been updated since 1999. The EEOC received...more
Last week, the Equal Employment Opportunity Commission (EEOC) published its updated guidance on harassment in the workplace (the “Guidance”) which provides a comprehensive resource on federal workplace harassment law. The...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published a final version of its Enforcement Guidance on Workplace Harassment. The new guidance provides updates and agency direction on workplace...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its Enforcement Guidance on Harassment in the Workplace (the “Guidance”). The Guidance sets forth the EEOC’s position on harassment that constitutes...more
On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited workplace harassment and enforcement guidelines to help employers understand what type of conduct the agency considers to be...more