Proposed Employment Guidelines for Addressing Hostile Work Environments | Kiplinger Letter

Latest Employment Guidance and Workplace Regulations

To help you understand current employment guidance, workplace regulations, and trends in the business sector, our highly experienced team at iBestTravel is dedicated to keeping you informed about the latest developments and forecasts. Here’s the latest…

Recent Guidance from the EEOC

Employers should pay close attention to the recent guidance proposed by the Equal Employment Opportunity Commission (EEOC) on critical subjects such as sexual harassment and remote work, especially after years of considering potential changes.

Understanding Harassment in the Workplace

Harassment can manifest in various forms, including denial of access to a bathroom or other facility that aligns with an employee’s gender identity, in addition to using an inconsistent name or pronouns. These developments stem from the Supreme Court’s Bostock v. Clayton County, Georgia ruling. Moreover, even virtual conduct, such as racist comments or sexual comments made during chat functions and video meetings, can contribute to a hostile work environment.

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EEOC Litigation Activity on the Rise

Meanwhile, the EEOC’s litigation activity is at its highest level in years, energized by the change in administration and increased budget levels. The agency filed 143 employment discrimination lawsuits in fiscal year 2023, marking a significant 50% increase from the previous fiscal year.

Shifts in Leadership and Focus Areas

The confirmation of Kalpana Kotagal as commissioner has shifted the EEOC to a Democratic majority for the first time under President Biden, which is expected to last at least until the end of this year. Consequently, one can anticipate this trend to continue as long as Democrats maintain control over the panel. The EEOC is likely to emphasize systematic lawsuits, addressing discrimination issues that affect broader aspects of industries, professions, companies, or geographic locations.

Industries Under Scrutiny

Industries that might face considerable focus from the EEOC include:

  • Hospitality
  • Health Care
  • Retail
  • Construction
  • Natural Resources

Conclusion

Staying informed about employment law and workplace regulations is essential for employers and employees alike. iBestTravel continues to provide insights on these critical issues to help you make well-informed decisions.


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