Employment Law Alert: EEOC Updates Enforcement Guidance on Harassment in the Workplace Following Federal Court Ruling

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EEOC Updates Enforcement Guidance on Harassment in the Workplace Following Federal Court Ruling

The EEOC recently updated its enforcement guidance on workplace harassment following a Texas federal court ruling that found the Biden Administration’s EEOC had unlawfully expanded the definition of “sex” in the original guidance. The updated guidance includes labeled and shaded sections that have been vacated. As we noted in an Alert last year, the original guidance had broadened the definition of sexual harassment to include actions such as misgendering or denying an individual access to a bathroom or other sex-segregated facility consistent with their gender identity.

We will continue to monitor these developments and provide updates.

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Meredith “Merry” Campbell

Joy C. Einstein

J. Nicole Windsor

Alexander I. Castelli

Drew T. Ricci

Lauren M. Upton

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The contents of this Alert are for informational purposes only and do not constitute legal advice. If you have any questions about this Alert, please contact the Shulman Rogers attorney with whom you regularly work or a member of the Shulman Rogers Employment and Labor Law Group.

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