Overview:
On
April 29, 2024, the Equal Employment Opportunity Commission (EEOC) issued its
first updated enforcement guidance on workplace harassment in 25 years. This
new guidance incorporates significant developments in workplace discrimination
and harassment laws, including U.S. Supreme Court rulings that extend
anti-discrimination protections to LGBTQ workers.
The
guidance follows a draft version released in September 2023, succeeding an
earlier attempt to update existing guidelines that stalled during the Trump
Administration.
While
this guidance does not establish legally binding precedent, it offers a
comprehensive legal analysis of the standards for harassment and employer
liability under the Equal Employment Opportunity (EEO) statutes enforced by the
Commission. It supersedes several previous EEOC guidance documents on
harassment.
The
EEOC emphasizes that "workplace harassment" extends beyond sexual
harassment, encompassing various forms of harassment based on race, sex,
religion, and other protected characteristics. Specific examples of unlawful
harassment are provided in the guidance.
Since
the 1986 Supreme Court ruling that workplace harassment can constitute unlawful
discrimination under Title VII of the Civil Rights Act of 1964, the issue
remains prevalent, accounting for over one-third of the charges received by the
EEOC in the past five years.
The
enforcement guidance is organized into three key components of a harassment
claim:
1) Covered Bases and Causation – Identifying the protected characteristics and establishing a link between them and the harassment.
2) Discrimination Respecting Employment Terms – Determining how the harassment impacts the terms, conditions, or privileges of employment.
3) Liability
– Understanding the employer's responsibility and potential liability in
harassment cases.
For
harassment to be actionable under federal EEO statutes, it must be established
that the conduct occurred due to a statutorily protected characteristic, which
requires a thorough examination of the totality of the circumstances. The
guidance provides several principles to determine whether conduct is based on
protected characteristics, though not all principles apply to every case.
Areas
Covered in the session:
- Learn
what impacted the EEOC to establish this guidance
- Learn
what the EEOC determines as harassment
- Learn
what types of harassment claims are determined to be based on the EEOC new
guidance
- Learn
what the Civil Rights Act of 1964’s protect classes are impacted by this
guidance
- Learn
how stereotypes can impact the workplace regulations when it comes to hair
textures, locks, twists and braids
- Learn
how the Guidance Addresses Bathrooms, Misgendering
- Learn
what happens when an Employee Asks an Employer Not to Investigate
- Learn
how Pregnancy, Childbirth, or Related Medical Conditions are part of the
guidance and what Employers can and can’t do
- Learn
how transgender equity is also part of the EEOC guidance and protections
- Learn
how to develop an anti-harassment policy that meets EEOC guidelines
Why
Should You Attend?
As an
HR professional, you’re on the front lines of ensuring a safe and inclusive
workplace. The recent updates to the EEOC’s harassment guidance bring both new
challenges and opportunities to your role. This webinar is designed to provide
you with the tools and knowledge you need to navigate these changes
confidently.
You’ll
gain insights into how the updated guidance impacts your current policies,
helping you address the complexities of workplace harassment in a way that
aligns with legal standards. By attending, you’ll be better equipped to protect
your organization from legal risks and foster a work environment where every
employee feels respected and valued.
This
session also offers practical strategies to tackle common HR pain points, such
as responding to harassment claims, developing comprehensive policies, and
ensuring compliance across your organization. Whether you’re dealing with the
nuances of harassment based on race, religion, or LGBTQ status, this webinar
will help you stay ahead and manage these issues effectively.
Who
Will Benefit?
- Human
Resources Managers
- HR
Directors
- Compliance
Officers
- Employee
Relations Specialists
- Workplace
Investigators
- Diversity
and Inclusion Officers
- Legal
Counsel (specializing in employment law)
- Corporate
Trainers
- HR
Consultants
- Labor
Relations Managers
- Talent
Management Professionals
- EEO
Officers
- Chief
Human Resources Officers (CHRO)
- HR Business Partners
- Employee Engagement Managers
Margie Faulk is a senior level human resources 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 from 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 and 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 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 trainings.
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).
Enrollment Options
Tags: EEOC Compliance, Workplace Harassment, HR Training, Employee Relations, Anti-Discrimination, Workplace Safety, HR Webinar, Employment Law, Legal Compliance, HR Management, Margie, Faulk, September 2024, Webinar