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. Karen M. Morinelli and Lara J. Peppard, attorneys at Ogletree Deakins, warn that with the recent changes to EEOC leadership, evolving interpretations of federal laws and new executive orders, HR teams must be prepared to endure heightened scrutiny and conflicting guidance.
The evolving legal framework
Recent updates to federal enforcement policies have created challenges and opportunities for HR professionals. The EEOC’s 2024 Enforcement Guidance on Harassment in the Workplace, passed by a narrow vote, expands protections against harassment, including provisions related to gender identity. However, the new acting chair, Andrea R. Lucas, has openly opposed these interpretations and initiated reviews to remove what she describes as “gender ideology” from EEOC materials.
Additionally, President Trump’s Executive Order 14168 directs federal agencies to define sex as immutable and binary, which could impact workplace policies related to gender identity and inclusion. Meanwhile, a federal court ruling has temporarily blocked efforts to dismantle diversity, equity and inclusion (DEI) programs, leaving employers in limbo over how to proceed.
For HR, the key takeaway is clear: Compliance with existing anti-discrimination laws remains essential, but policies may need to be revisited frequently as the legal landscape shifts.
Defining and addressing workplace harassment
While laws and interpretations may be changing, the core definition of workplace harassment remains consistent. Unwelcome conduct based on a protected characteristic—such as race, gender, sexual orientation, disability or age—crosses into unlawful harassment when it becomes severe or pervasive enough to create a hostile work environment or impact employment conditions.
Common examples include:
Virtual environments present new challenges, as conduct that may have been overlooked in traditional office settings—such as inappropriate comments in chat platforms or video calls—can now be documented and scrutinized. HR should ensure that remote work policies address online harassment with the same rigor as in-person interactions.
Next steps for HR teams
HR professionals must be proactive in adapting to these changes by:
Taking on workplace harassment policies in today’s uncertain climate requires HR professionals to remain vigilant, informed and adaptable. By taking decisive action now, organizations can protect employees, maintain compliance and uphold a fair workplace culture—no matter how the legal landscape shifts.
