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The EEOC has highlighted the sections of its guidance it now will not enforce. These include numerous examples such as misgendering, outing someone’s gender identity, denying access to a bathroom consistent with the person’s gender identity and using epithets regarding sexual orientation and gender identity.

Not only are sectors such as retail, construction and food service more likely to be hostile environments, but the managers you rely on to stop ongoing harassment may be engaging in the harassment themselves.

A judge issued a nationwide injunction that said the EEOC exceeded its authority in 2024 when its Enforcement Guidance on Harassment in the Workplace told employers they risked violating Title VII if they denied transgender workers access to the restrooms of their choosing, prescribed gender-specific dress codes and called them by pronouns they did not prefer.

When unpleasant behavior comes to light, it’s important to step back and calmly analyze the facts. If the alleged acts aren’t pervasive or severe, it’s probably not actionable sexual harassment. Of course, you should still move to stop the behavior to prevent escalation.

Sexual harassment is a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964. The EEOC and the courts recognize two forms.

Why aren’t anti-harassment policies more effective at preventing harassment? The answer may lie in ineffective training and the failure of employers to follow their own policies.

Take solace in the fact that unless workplace animosity creates a truly hostile environment, allegations of discrimination or harassment won’t succeed in court unless an employee can prove that a co-worker targeted him because of protected characteristics such as race, gender, religion or national origin.

The legal and regulatory landscape surrounding workplace harassment is shifting rapidly, leaving many HR professionals wondering how to stay compliant while maintaining a fair and inclusive work environment. HR teams must be prepared to endure heightened scrutiny and conflicting guidance.

The cost of defending even a meritless lawsuit can run into the thousands of dollars. One way to prevent such costs and embarrassment is to teach supervisors to avoid angering employees in the first place. Train them to be aware of these four common mistakes.

A “microaggression” is a subtle, often unintentional comment or action that conveys bias or discrimination against a marginalized group. In the right circumstances, however, microaggressions can also amount to an adverse action that supports a workplace retaliation claim.