EEOC Final Workplace Harassment Guidance: Modernized Claims Evaluation, Compliant Anti-Harassment Policies
Incorporating Recent Case Law and Technological Advances to Define Harassing Conduct and Update Enforcement Guidance
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide employment practitioners through the EEOC's recently released and long-awaited final "Enforcement Guidance on Harassment in the Workplace." The panel will highlight significant updates that have replaced prior guidance and that have incorporated recent case law, technological advances, and social changes to modernize the evaluation of employee harassment claims and employer liability. The panel will also offer best practices for advising clients on updates to policies and procedures to mitigate risk.
Outline
- Introduction: history of the final guidance
- Final EEOC workplace harassment enforcement guidance
- Consolidating and superseding past guidance
- Evaluating whether alleged harassment violates EEO law
- Covered bases and causation
- Discrimination with respect to a term, condition, or privilege of employment
- Employer liability
- Key provisions and updates as to what constitutes harassment
- Harassment based on sexual orientation and gender identity
- Harassment based on race and color
- Harassment claims by employees not the object of harassment
- Harassment based on an employee's reproductive health decisions
- Social media and virtual workplace activity that constitutes harassment
- Other provisions
- Dealing with systemic harassment in the workplace
- Compliant anti-harassment policies, training, and implementation
- Effective workplace investigations
- Best practices for compliance
Benefits
The panel will review these and other key considerations:
- In what significant ways has the EEOC's final guidance been updated from past guidance?
- How have recent case law, technological advancements, and social changes affected the EEOC's guidance?
- What is the EEOC-approved legal analysis for determining when workplace conduct constitutes harassment based on a protected characteristic?
- Under what circumstances will the EEOC consider an employer liable for harassment?
- What are best practices for updating employer anti-harassment policies, complaint procedures, and training programs?
Faculty
![Schwartz, Jurate](/img/t/415301ba58456e47362bad111a2e0212.jpg)
Jurate Schwartz
Senior Counsel
Proskauer Rose
Ms. Schwartz devotes her practice to counseling clients in employment matters, as well as representing employers... | Read More
Ms. Schwartz devotes her practice to counseling clients in employment matters, as well as representing employers in federal and state litigations, arbitrations and administrative proceedings. Her practice includes providing advice on compliance with various laws affecting the workplace, including the FMLA, ADEA, Title VII, ADA, FLSA and similar state and local laws. Ms. Schwartz counsels clients on developing, implementing and enforcing personnel policies and procedures and reviewing and revising multi-state employee handbooks under federal, state and local laws. She also advises clients on policy and training issues, including discrimination, harassment, retaliation, wage and hour, and employee classification. In addition to counseling, Ms. Schwartz litigates employment disputes of all types, including claims of employment discrimination, harassment, retaliation, whistleblowing, breach of contract, employment-related torts and claims under federal and state wage-and-hour laws. She also assists clients in matters involving trade secrets and non-competes, as well as nonsolicitation, nondisclosure agreements and other restrictive covenants.
Close![Shea, Robin](/img/t/4b515a2319c847e2ff3ddac44cee55bf.jpg)
Robin E. Shea
Partner
Constangy Brooks Smith & Prophete
Ms. Shea has more than 20 years' experience in employment litigation, including Title VII and the Age... | Read More
Ms. Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act), the Genetic Information Non-Discrimination Act, the Equal Pay Act, and the Family and Medical Leave Act; and class and collective actions under the Fair Labor Standards Act and state wage-hour laws; defense of audits by the Office of Federal Contract Compliance Programs; and labor relations. She conducts training for human resources professionals, management, and employees on a wide variety of topics. She is Editor in Chief of the Firm's blog Employment & Labor Insider.
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