Guest Column: Marie A. Horner, ACE, VP of Government Affairs, Arrow Exterminators, Inc.
The U.S. Equal Employment Opportunity Commission (EEOC) unveiled the final version of its Enforcement Guidance on Harassment in the Workplace on 4/29/24, and it became effective immediately. The document can be found on the EEOC website at https://www.eeoc.gov/laws/guidance/enforcement-guidance-harassment-workplace.
This document addresses how harassment based on race, color, religion, sex, national origin, age, disability, or genetic information is defined under EEOC-enforced statutes and the analysis for determining whether employer liability is established.
Not all employers are covered by the laws that EEOC enforce, and not all employees are protected. It depends on how many employees your business has:
If you have at least one employee: You are covered by the law that requires employers to provide equal pay for equal work to male and female employees.
If you have 15 to 19 employees: You are covered by the laws that prohibit discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, disability, and genetic information (including family medical history). You are also covered by the law that requires employers to provide equal pay for equal work.
If you have 20 or more employees: You are covered by the laws that prohibit discrimination based on race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability and genetic information (including family medical history). You are also covered by the law that requires employers to provide equal pay for equal work.
State and/or local employment discrimination laws may also apply to your business. State and local government websites may have information about these laws.
**Please note that the material provided in this article is for informational purposes only, is general in nature, and is not intended to and should not be relied upon or construed as a legal opinion. You should consult with your legal counsel or the EEOC to learn more about if and how this compliance policy affects your business.**
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