The Equal Employment Opportunity Commission (EEOC) recently issued proposed guidance crystallizing the agency’s expectation that employers be proactive in eliminating workplace harassment. Employers should take notice.

The Proposed Enforcement Guidance on Unlawful Harassment, which was published Jan. 10, requires that employers implement programs to combat “known or obvious risks of harassment,” and states that a failure to do so could result in the loss of traditional affirmative defenses to harassment claims.

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