EEOC Proposed Enforcement Guidance on Workplace Harassment: Modernizing Evaluation of Claims and Employer Liability
Navigating Updates Incorporating Recent Law, New Technology, and Social Changes
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide employment practitioners through the EEOC's recently released and long-awaited "Proposed Enforcement Guidance on Harassment in the Workplace." The panel will highlight significant updates that will replace prior guidance and that have incorporated recent law, updated technology, and social changes to modernize the evaluation of employee claims and employer liability. The panel will provide best practices for advising clients on updates to policies and procedures in order to minimize risk.
- Introduction: history of the proposed guidance
- Proposed guidance
- Consolidating and superseding past guidance
- Evaluating whether alleged harassment violates EEO law
- Covered bases and causation
- Discrimination with respect to a term, condition, or privilege of employment
- Employer liability
- Key provisions and updates as to what constitutes harassment
- Harassment based on sexual orientation and gender identity
- Harassment based on race and color
- Harassment claims by employees not the object of the harassment
- Harassment based on a woman's reproductive decisions
- Other provisions
- Social media and virtual workplace activity that constitutes harassment
- Dealing with systemic harassment in the workplace
- Effective anti-harassment policies, training, and implementation
- Adequate workplace investigations
- Best practices for compliance
- EEOC next steps for finalizing the guidance
The panel will review these and other important issues:
- In what significant ways has the EEOC's draft guidance been updated?
- How have recent case law, technological advancements, and social movements affected the EEOC's guidance?
- What is the EEOC-approved legal analysis for determining when workplace conduct constitutes harassment based on a protected characteristic?
- Under what circumstances will the EEOC consider an employer liable for harassment?
- What are best practices for updating employer harassment policies, procedures, and training programs?
Scott R. Green
Mr. Green is an experienced employment litigator and trusted counselor to a diverse array of employers, including... | Read More
Mr. Green is an experienced employment litigator and trusted counselor to a diverse array of employers, including publicly traded corporations, small businesses, multinational corporations, nonprofit organizations, and individuals. His practice involves defending management against employment discrimination, harassment, retaliation, and wage and hour claims in federal and state courts and before various federal, state, and local administrative bodies, as well as defending employers against class action lawsuits and multidistrict lawsuits involving employment issues. Mr. Green also routinely litigates restrictive covenant and non-competition disputes and handles traditional labor law matters, including negotiating collective bargaining agreements and handling NLRB charges and union arbitrations. In addition to litigation, Mr. Green regularly counsels employers with respect to employment agreements, employee handbooks, and employment policies, practices, and procedures.Close
Nicholas D. SanFilippo
Mr. SanFilippo serves as a first chair trial lawyer representing employers in actions involving restrictive covenants,... | Read More
Mr. SanFilippo serves as a first chair trial lawyer representing employers in actions involving restrictive covenants, employment contracts, the Uniform Trade Secrets Act, and tort claims, including defamation, conversion, wrongful discharge, conspiracy, and tortious interference. He advises management on employment issues related to termination, hiring, reduction in force, restrictive covenants, employment agreements, discipline, and handbooks. Mr. SanFilippo represents closely-held businesses facing crises related to ownership disputes or misconduct by board members, officers, or key employees. He develops strategies with the goal of maximizing returns and minimizing losses in situations related to unethical conduct, breach of contract, fraud, embezzlement, theft, or forgery.Close
Robin E. Shea
Constangy Brooks Smith & Prophete
Ms. Shea has more than 20 years' experience in employment litigation, including Title VII and the Age... | Read More
Ms. Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act), the Genetic Information Non-Discrimination Act, the Equal Pay Act, and the Family and Medical Leave Act; and class and collective actions under the Fair Labor Standards Act and state wage-hour laws; defense of audits by the Office of Federal Contract Compliance Programs; and labor relations. She conducts training for human resources professionals, management, and employees on a wide variety of topics. She is Editor in Chief of the Firm's blog Employment & Labor Insider.Close