EEOC Proposes New Enforcement Guidance on Harassment in the Workplace
The Equal Employment Opportunity Commission (EEOC) has proposed a lengthy (144 page) enforcement guidance regarding harassment at work. After public comments, the EEOC will likely adopt the guidance with or without changes. In the proposed guidance, the EEOC notes that 35% of the charges of employment discrimination received by the EEOC include an allegation of harassment based on some protected characteristic. The guidance also notes that the #MeToo movement has brought renewed attention to sexual harassment at work.
The proposed guidance takes on a number of modern workplace topics including gender identity, pronouns, religious accommodation, bathroom use, virtual workplaces, social media and choices about reproduction. For example, the guidance makes clear that an employer should respect and protect an employee regarding their pronoun choices even if a co-worker has religious objections. Likewise, an employer should allow an employee to use the bathroom associated with their gender identity. Finally, the proposed guidance states that an employee’s decision about reproductive choices—including obtaining an abortion or not obtaining an abortion—should not be the basis for harassment. A copy of the proposed guidance can be found here.
More #MeToo Fallout: Actress Sues Weinstein and Others
Speaking of harassment, you may recall the English actor Julia Ormond from movies like “Legends of the Fall,” “Mr. and Mrs. Smith,” and “The Curious Case of Benjamin Button.” Ormond just sued former movie producer and convicted rapist Harvey Weinstein as well as Miramax, The Walt Disney Co. and Creative Artists Agency. She alleges that she was sexually assaulted by Weinstein and that the companies did not protect her.
Allegations of Wrongful Termination in Football
What is going on with football these days? No, I am not talking about whether Taylor Swift will be at the next Chiefs game. Rather, there seem to be a lot of terminations and claims of wrongful termination.
Former Northwestern Coach Pat Fitzgerald sued Northwestern for $130 million claiming that he was wrongfully terminated. The university had received complaints of hazing and conducted an investigation. Fitzgerald was suspended and then terminated. Fitzgerald claims that he and Northwestern had an oral agreement that he would only be suspended. Northwestern is also facing lawsuits from dozens of former players.
Former Michigan State Coach Mel Tucker was also terminated after allegations of misconduct. He was suspended without pay and then fired. The administrative proceedings are continuing.
EEOC Sues Tesla for Racial Discrimination and Harassment
In September, the EEOC sued Tesla, Inc. for alleged widespread racial discrimination against Black employees in a California factory. The allegations include claims that employees used racially-charged slurs and graffiti against Black employees. The case is a good reminder to conduct regular training with your employees regarding discrimination and harassment. If you need assistance with your training, Parsons provides that service.
EEOC Announces Year-End Litigation Report for Fiscal Year 2023
The EEOC also recently released its 2023 data regarding litigation brought by the EEOC. The EEOC reported that it filed 143 new employment discrimination lawsuits in fiscal year 2023, more than a 50% increase over 2022 suit filings. One of the latest of these suits occurred yesterday, Oct. 11, 2023, with a $2.4 million decision against Lilly USA, LLC.
The 2023 lawsuit filings include 25 cases alleging systemic discrimination, almost double the number filed in each of the past three years and the largest number of systemic filings in the past five years. Also, the EEOC filed 32 class lawsuits seeking relief for multiple parties and 86 lawsuits seeking relief for individual employees. To protect your organization from the risk of lawsuits for harassment and discrimination, employers should regularly and consistently conduct employee trainings. Parsons is happy to work with clients to advise on these trainings or conduct the trainings for our clients.
