- Key Insight: Discover how EEOC guidance removal shifts compliance burdens onto employers.
- What's at Stake: Rising legal exposure and talent loss if policies aren't strengthened.
- Supporting Data: 61% of US workers have experienced or witnessed workplace discrimination (Glassdoor).
- Source: Bullets generated by AI with editorial review
The Equal Employment Opportunity Commission (EEOC) recently voted to rescind its workplace harassment enforcement guidance, a move that could
The resource, which was officially taken down at the beginning of January, outlined and explained unlawful harassment based on race, sexual orientation or gender identity, including examples of slurs, depictions of assault, harmful stereotypes and discriminatory practices. In the guide's absence, employees
"It really provided a means to shape workplace safety," says Ana Lopez van Belen, VP of workplace and economic opportunity at non-profit organization Futures Without Violence. "Employers, HR and benefit professionals are going to have to seek the right resources to piece together the best approach to addressing these issues themselves moving forward."
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In the U.S. alone, 61% of workers have experienced or witnessed discrimination based on age, race, gender or sexual orientation, according to data from Glassdoor. Additionally, a recent report from Futures Without Violence and the National Domestic Violence Hotline found that 22% of sexual assault survivors were working at the time of their assault, and half
In an effort to address those statistics, the guide had outlined laws such as Title VII, the Americans with Disabilities Act and the Age Discrimination in Employment Act, while directing employees to appropriate resources. It also included the EEOC's stance on harassment claims and detailed how organizations evaluate investigations and what is expected of employers. Without such guidance, leaders and employees are left to interpret complex legislation on their own.
"People need those explanations to understand exactly what harassment is, what it looks like, and how to respond to it," Lopez van Belen says. "Not having accessible standards in place and not being able to explain it clearly to employees puts them at greater risk of enduring harm."
Keeping workplaces safe
In order to counteract the lack of official guidance, the first step any leader should take is to ensure their organizations already have comprehensive workplace policies that address all forms of harassment and sexual violence and regularly review and strengthen them to reflect evolving standards. These policies should
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"Leaders are charged with providing safe environments and the best tools they have are workplace policies, benefits and training," Lopez van Belen says. "We all want to support and retain our workers, and if they're not feeling safe in their workplaces they're going to leave."
Despite the potential long-term risk, Lopez van Belen remains hopeful that organizations will
"This is a disservice to women, to people of color, people with disabilities and people who are experiencing sexual violence in the workplace," Lopez van Belen says. "We can't afford to go backwards, and this is an opportunity to show your commitment to protecting employees by providing the guidance the EEOC took away."
