On April 29, 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) finalized its long-awaited “Enforcement Guidance on Harassment in the Workplace.” The new guidance streamlines and supersedes the numerous previous versions of EEOC guidance concerning harassment. The new resource covers the legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC. According to the EEOC, “the guidance will help people feel safe on the job and assist employers in creating respectful workplaces.” The new guidance updates, consolidates, and replaces the EEOC’s five guidance documents issued between 1987 and 1999, and serves as a single, unified agency resource on EEOC-enforced workplace harassment law. It reflects the Commission’s consideration of the robust public input that it received after the guidance was posted for public comment in fall 2023.
However, the recent U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo to overturn the Chevron Doctrine will influence the EEOC’s new guidelines. This landmark decision significantly impacts federal agencies' regulatory power. This change requires courts to independently interpret ambiguous statutes without deferring to agencies’ expertise. This decision affects the EEOC’s newly issued guidelines on workplace harassment, which provide detailed examples and expanded definitions of unlawful harassment under Title VII and other federal anti-discrimination laws.
Why should attend:
Stay informed about critical legal changes affecting workplace harassment policies. Learn how to adapt your workplace practices to ensure compliance with new EEOC guidelines. Prepare your organization for the potential increase in legal challenges and regulatory scrutiny in light of the overturn of the Chevron Doctrine.
In this engaging and informative webinar, participants will delve into the profound implications of the recent U.S. Supreme Court's decision to overturn the Chevron doctrine and its impact on the Equal Employment Opportunity Commission's (EEOC) new guidelines for preventing workplace harassment. The webinar will explore potential legal challenges to the EEOC's guidelines and offer strategies for maintaining compliance. Participants will learn about the importance of thorough documentation, proactive policy reviews, and staying informed about jurisdictional differences that may impact the enforcement of these guidelines. We will provide actionable advice on how to mitigate risks and protect their organizations from increased litigation.
Areas will be covered during the Session:
· Research and Statistics by the EEOC
· Review of the New Enforcement Guidance
· “Covered Bases” and Causation
· Harassment Resulting in Discrimination with Respect to a Term, Condition, or Privilege of Employment
· Employer and Supervisor Liability · Systemic Harassment
· Additional Supplemental Resources Published by EEOC
· Loper Bright Enterprises v. Raimondo and the Oveturn of the Chevron Doctrine
· Impact of Chevron Doctrine Overturn on EEOC Guidelines
Who should Attend:
Whether you are an employer, Human Resources professional, supervisor or in-house counsel seeking to create a supportive workplace culture or an employee navigating the dynamics of all the recent changes to Labor & Employment Law, this class will provide valuable insights and practical guidance.
