EEOC Proposes Anti-Harassment Guidance

Earlier this year, the EEOC issued a proposed Enforcement Guidance on Unlawful Harassment for which the Agency invited notice and comment. Among other things, the Guidance defines what constitutes unlawful harassment and sexual harassment, sets out the fundamental framework for employer liability, and offers guidance on preventive practices (including an anti-harassment policy, a complaint system and investigations process, and anti-harassment training).

It is unclear whether the current administration will seek to support, modify or altogether remove this Guidance. Regardless, for California employers, much of the content of the Guidance is already required by California law.​