Do You Want to Give the EEOC Input on its Proposed Enforcement Guidance on Workplace Harassment? You Have 40 More Days to Comment.

The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has extended for 40 days the public input period on its proposed enforcement guidance on unlawful workplace harassment. The proposed guidance is now open for public input until March 21, 2017.
This extension of time is an opportunity for businesses to try to shape the EEOC's enforcement policy under the new administration, which many consider more "employer-friendly" than the previous administration.

The proposed guidance, which is the product of extensive research, analysis and deliberation, explains the legal standards applicable to claims of unlawful harassment under federal employment discrimination laws. The laws enforced by the EEOC protect individuals from harassment based on race, color, religion, sex, national origin, disability, age or genetic information. While EEOC guidance does not carry the force of law, it serves as a reference for agency staff, including during the investigation of discrimination charges.

Some of the provisions that are of concern to employers include a provision that states that using a pronoun inconsistent with a worker's gender identity in an offensive or persistent manner can amount to sexual harassment, and a call for "civility" training, which may conflict with some mandates on employee free speech issued by the National Labor Relations Board.

Public input may be submitted online at this location on www.regulations.gov until midnight on March 21, 2017. Alternatively, members of the public may send written feedback to: Public Input, EEOC, Executive Officer, 131 M Street, N.E., Washington, D.C. 20507. All input will be posted publicly on www.regulations.gov, so please do not include personal information that you do not want made public, such as your home address or telephone number.