October 9, 2023

EEOC Issues Draft for Update to Workplace Harassment Guidance

In September, the Equal Employment Opportunity Commission (EEOC) released proposed updates to workplace harassment guidance that had stalled previously under the Trump administration. The proposed updates would be the first changes to the EEOC’s harassment guidance in nearly a quarter of a century.

With the Democrats controlling the leadership of the commission after the Senate confirmed Kalpana Kotagal’s nomination in July, the draft was approved 3-2. The draft is now open to public comment, which runs to November 1. It is hoped that the guidance will clarify changes in civil rights law and society over the past 25 years, such as the Supreme Court’s 2020 Bostock ruling and the large-scale adoption of remote work, which is posing new challenges for workers and employers.

The proposed changes come as the EEOC has been pursuing several high-profile harassment cases against corporate giants Walmart and Tesla. Although the guidance, if approved, would be non-binding, it would be a relevant citation in legal proceedings.

white line

New Sexual Harassment Laws for Employers

April 17, 2018
Sexual Harassment
The New York State Legislature and New York City Council have recently enacted new measures in an attempt to prevent sexual harassment. Both legislative bodies passed a series of new laws that employers need to be aware of and comply with.

Department of Labor Adopts Appellate Court Test

February 23, 2018
No items found.
On Friday, January 5, the U.S. Department of Labor adopted a new test for determining whether interns qualify as employees under the FLSA, rescinding agency guidance from 2010.

Berke-Weiss Law Is Certified as a Woman Owned Business

January 4, 2018
No items found.
Berke-Weiss Law PLLC is proud to announce it has been certified as a woman owned business by the Women’s Business Enterprise National Council, the largest third-party certifier of businesses owned, controlled, and operated by women in the United States.

Get In Touch

Knowing where to turn in legal matters can make a big difference. Contact our employment lawyers to determine if we can help you.