In this episode of our Defensible Decisions podcast, Scott Kelly (shareholder, Birmingham) and Nonnie Shivers (office managing shareholder, Phoenix) discuss the EEOC’s January 2025 vote to rescind the Biden-era anti-harassment guidance, which had addressed gender identity issues including pronouns, bathroom access, and misgendering. Scott, who is chair of the firm’s
Articles Discussing General Topics In Workplace Sexual Harassment.
Sixth Circuit Finds Sexual Harassment Claim Can Bar Entire Case From Arbitration
On February 25, 2026, the U.S. Court of Appeals for the Sixth Circuit ruled in Bruce v. Adams and Reese, LLP that employers cannot compel arbitration of a case under a mandatory pre-dispute arbitration agreement when an employee or former employee sues on multiple claims and at least one of
Where Muldrow Ends: Tenth Circuit Refuses to Extend Relaxed Harm Standard to Hostile Work Environment Claims
The Supreme Court of the United States lowered the bar for establishing a discrimination claim under Title VII of the Civil Rights Act of 1964 in its 2024 opinion, Muldrow v. City of St. Louis, holding that an employee need only show “some” harm—not a significant change—in working conditions. According
EEOC Rescinds Enforcement Guidance on Harassment
EEOC Rescinds Enforcement Guidance on Harassment
On January 22, 2026, the U.S. Equal Employment Opportunity Commission voted to rescind its Enforcement Guidance on Harassment in the Workplace. The proposal to rescind the guidance was approved two-to-one, with Chair Andrea Lucas (R) and Commissioner Britanny Panuccio (R) voting to repeal the
Inside the Exclusive: Highly Sensitive Sexual Harassment and Assault Investigations (Podcast)
In this podcast recorded at our 2025 Corporate Labor and Employment Counsel Exclusive® seminar, Tiffany Stacy (office managing shareholder, San Antonio) and Lisa Burton (office managing shareholder, Boston, Portland, ME) explore the complexities of conducting investigations of highly sensitive issues. Lisa and Tiffany offer insights and tips for handling claims
Did You Hear? The Third Circuit Says Rumors Can Create a Hostile Work Environment
A recent decision from the U.S. Court of Appeals for the Third Circuit offers a powerful reminder that workplace rumors—especially those rooted in gender stereotypes—can rise to the level of unlawful harassment under Title VII of the Civil Rights Act of 1964. The case underscores the potential impact of gossip
Sexual Harassment Claims Strike Hollywood Again: Key Takeaways for HR Professionals
The entertainment industry, often credited for sparking the cultural “#MeToo” movement, is yet again faced with allegations of sexual harassment, this time from “It Ends With Us” star Blake Lively.
EEOC Enforcement Guidance on Workplace Harassment: Liability
The Equal Employment Opportunity Commission’s (EEOC) first updated enforcement guidance on workplace harassment in 25 years is broken down into the three components of a harassment claim: (1) the covered bases and causation; (2) discrimination respecting a term, condition, or privilege of employment; and (3) liability. We discuss each component in separate articles. This article is on how the guidance addresses the liability component and the standards for imposing employer liability for harassment.
EEOC Enforcement Guidance on Workplace Harassment: Covered Bases and Causation
The Equal Employment Opportunity Commission (EEOC) issued its first updated enforcement guidance on workplace harassment in 25 years on April 29, 2024. The guidance reflects a number of new developments concerning workplace discrimination and harassment and reflects U.S. Supreme Court precedent extending anti-discrimination protections to LGBTQ workers.
EEOC Releases Updated Enforcement Guidance on Harassment
For the first time since the 1990s, the EEOC has issued new enforcement guidance on workplace harassment – applying existing law to the modern workplace. The Guidance is not binding law, but it provides valuable insight as to how the law will be enforced.
What Employers Need to Know About the EEOC’s New Guidance on Workplace Harassment
Executive Summary: On March 29, 2024, the EEOC announced new guidance addressing harassment in the workplace, which goes into effect immediately.
5 Takeaways From The EEOC’s New Harassment Guidance
Barry Hartstein says the EEOC’s first guidance on workplace harassment since 1999 actually combines six prior guidance documents in one.
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EEOC Updates Workplace Harassment Guidance
EEOC updated its enforcement guidance on harassment in the workplace. The new guidance replaces five prior guidance documents on workplace harassment, and covers harassment based on race, color, religion, sex (including pregnancy, childbirth or related medical conditions; sexual orientation; and gender identity), national origin, disability, age (40 or older) and
EEOC Publishes Guidance on Harassment In The Workplace
By: EEOC Publishes Guidance on Harassment In The Workplace
On April 29, 2024, the EEOC published its “Enforcement Guidance on Harassment in the Workplace” (the “Guidance”). The Guidance updates and replaces the EEOC’s prior guidance documents, discusses the Supreme Court’s 2020 decision of Bostock v. Clayton County, Georgia in which the
EEOC Publishes Long-Awaited Final Guidance on Workplace Harassment
On April 29, 2024, the U.S. Equal Employment Opportunity Commission (EEOC) issued the final version of new workplace harassment guidance for employers, formally updating the EEOC’s position on the legal standards and employer liability under federal antidiscrimination laws for the first time in more than two decades.