Back to News

EEOC’s New Harassment Guidance: What Employers Need to Know

Published on

April 30, 2024

On Monday, April 29, 2024, the Equal Employment Opportunity Commission issued the final version of Enforcement Guidance on Harassment in the Workplace. While this guidance does not have the effect of law, it is intended to provide clarity on how the EEOC interprets legal issues regarding workplace harassment and will be utilized by the EEOC when it investigates and makes determinations regarding complaints by employees who allege they are a victim of workplace harassment.

Some notable guidance includes:

  • Workplace harassment does not just include harassment by owners, supervisors, or managers. Harassment of an employee by any person, including coworkers, customers, or clients can violate federal law.
  • Employers are responsible for preventing workplace harassment and quickly ending harassing behavior once they learn about it even if the harassment is not severe enough to create a hostile work environment.
  • Employers are strongly encouraged to have a clear anti-harassment policy with a safe and effective procedure that employees can use to report harassment including more than one option for reporting. Recurring training should be provided to all employees, including managers and supervisors, about the anti-harassment policy and reporting procedures.
  • Harassment can take many forms including: saying or writing a slur, forwarding an offensive “joke” email, displaying offensive material, sharing pornography, mimicking a disability, mocking an accent, asking intrusive questions about sexual orientation or gender identity, groping or touching, making sexualized gestures and comments even if the behavior is not motivated by a desire to have sex with the victim, or threatening someone’s job or offering preferential treatment in exchange for sexual favors.
  • Harassment may be based on more than one protected characteristic and may also overlap with other characteristics based on an actual or perceived connection between the two characteristics.
  • Harassment based on the perception that an individual belongs to a protected class is still harassment even if the perception is incorrect.
  • Sex-based harassment can include issues such as lactation, use of contraception, and the decision to have an abortion.
  • Sex discrimination can be based on gender identity and it can be considered harassment to misgender someone or deny access to a bathroom consistent with the individual’s gender identity.
  • Harassment can occur in remote work settings via electronic communications using private phones, computers, or social media accounts if it impacts the workplace. However, postings on social media generally will not, standing alone, contribute to a hostile work environment if they do not target the employer or its employees.

If you have any questions regarding the final guidance and how it may impact your business or organization, please contact Susanna Fultz or any member of the Barley Snyder Employment Practice Group.


Related News

View More News
Press Release
October 29, 2026

Barley Snyder Attorney Caleb Setlock Named to Lancaster Chamber’s Inaugural 30 Under 30

For Immediate Release Lancaster, Pa. – Barley Snyder is pleased to announce that attorney Caleb P. Setlock has been named t...

Learn More
News Alert
October 28, 2026

EEOC Moves to Rescind Criminal History Guidance for Employers

The U.S. Equal Employment Opportunity Commission (EEOC) has taken a significant step toward rescinding its longstanding guida...

Learn More
News Alert
October 27, 2026

Allegheny County’s New Paid Parental Leave Law and Expanded Paid Sick Leave: What Employers Need to Know

Allegheny County has become the nation’s first county to mandate an employer-funded paid parental leave program. Allegheny ...

Learn More

Other Upcoming Events

View All Upcoming Events
Nov
03
2:30 pm
-
6:00 pm
event
Location

2026 Harrisburg Business Seminar

Learn More
Nov
10
12:00 pm
-
1:00 pm
event
Location

Webinar: PWFA Compliance in Practice: Navigating the Toughest Employer Questions

Learn More

Get in Touch

Our attorneys, paralegals and staff look forward to hearing from you. Please reach out to let us know how we can help.

Get In Touch
RECOGNIZED IN
Super Lawyers
Best Law Firms US News
Best Lawyers