The U.S. Equal Employment Opportunity Commission (EEOC) issued its first update to its harassment guidelines in 30 years. No longer do the guidelines focus predominantly on issues such as sexual harassment but also include pronoun usage, religious practice and social media in the context of a harassment claim. For example, the new guidelines make it clear that the “intentional and repeated use of the name or pronoun inconsistent with the individual’s gender identity or the denial of access to a bathroom or other sex segregated facility consistent with that individual’s gender identity” may constitute a Title VII violation. Further, while the EEOC reaffirms that it is unlawful to discriminate on the basis of religion, the exception is the employer need not accommodate a religious practice in the workplace where doing so would create, or reasonably threatens to create, a hostile work environment for another employee. One can see the attempt to balance the religious interests of an individual against those of the LGBTQ+ community. All employers should familiarize themselves with these new guidelines as it is the case that they will end up being repeated in court decisions making them the law of the land. You can view the new enforcement guidelines here https://www.eeoc.gov/laws/guidance/enforcement-guidance-harassment-workplace
June 27, 2024