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VIEWPOINT: EEOC Publishes New Guidance on Workplace Harassment
It’s the first time in nearly 25 years On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published “Enforcement Guidance on Harassment in the Workplace.” The guidance took effect immediately and supersedes the EEOC’s previously published guidance from the 1980s and 1990s. Since the EEOC has not published guidance regarding workplace harassment for almost
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On April 29, 2024, the Equal Employment Opportunity Commission (EEOC) published “Enforcement Guidance on Harassment in the Workplace.” The guidance took effect immediately and supersedes the EEOC’s previously published guidance from the 1980s and 1990s. Since the EEOC has not published guidance regarding workplace harassment for almost 25 years, the guidance addresses recent and developing areas such as workplace harassment related to sexual orientation and gender identity, pregnancy and related medical conditions, and remote work.
The Supreme Court’s 2020 Bostock v. Clayton County decision extended employment discrimination under Title VII to include discrimination based on sexual orientation or gender identity. With that expansion, the guidance provides examples of harassing conduct based on those protected characteristics, and explains that harassing behavior based on sexual orientation and gender identity can include, among other things:
• outing, or disclosure of an individual’s sexual orientation or gender identity without permission;
• harassing conduct because an individual does not present in a manner that would stereotypically be associated with that person’s sex;
• misgendering, or repeated and intentional use of a name or pronoun inconsistent with an individual’s known gender identity; and,
• denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity.
In the wake of new laws protecting employees with pregnancy, childbirth, or related medical conditions (i.e., the Pregnant Workers Fairness Act and Providing Urgent Maternal Protections for Nursing Mothers Act), the guidance reiterates that sex-based discrimination under Title VII extends to such conditions. To that end, the EEOC confirms that workplace harassment can arise from topics such as:
• changes in physical appearance due to pregnancy;
• lactation;
• morning sickness;
• using or not using contraception; or
• deciding to have or not have an abortion.
Given the rise of remote work, the guidance emphasized that harassment may occur in a work-related context outside an employee’s regular workplace, and extends to harassment through an employer’s email, instant-messaging system, videoconferencing, social-media accounts, and other equivalent resources. The guidance provides the following examples that may contribute to a hostile work environment through remote work:
• sexist comments made during a video meeting;
• ageist or ableist comments typed in a group chat;
• racist imagery that is visible in an employee’s workspace while the employee participates in a video meeting; or
• sexual comments made during a video meeting about a bed being near an employee in the video image.
The guidance, which includes more than 70 practical examples, provides advice on a variety of issues related to harassment, and serves as a resource for employers when investigating and deciding workplace-harassment issues. However, New York employers should be aware that the federal standard for a hostile work environment (severe or pervasive) is higher than that required by New York State (petty slights or trivial inconveniences). Therefore, conduct that does not rise to the level of unlawful harassment under federal law, such as Title VII, ADEA, and the ADA (which the guidance covers), may still be unlawful under New York law. With that distinction, New York employers should exercise caution and avoid overreliance on this new guidance.
Natalie C. Vogel is an associate attorney in the Albany office of the Syracuse–based law firm of Bond, Schoeneck & King PLLC. Contact Vogel at nvogel@bsk.com. This article is drawn and edited from the New York Labor and Employment Law Report blog on Bond’s website.
SALINA — The Lockheed Martin Corp. (NYSE: LMT) plant in the northern suburbs of Syracuse has been awarded a $21.4 million modification to a previously awarded delivery order under a contract to exercise options for design and qualification testing of the AN/BLQ-10 submarine electronic-warfare system. Work will be performed in the town of Salina and
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SALINA — The Lockheed Martin Corp. (NYSE: LMT) plant in the northern suburbs of Syracuse has been awarded a $21.4 million modification to a previously awarded delivery order under a contract to exercise options for design and qualification testing of the AN/BLQ-10 submarine electronic-warfare system.
Work will be performed in the town of Salina and is expected to be completed by February 2025, according to a May 1 contract announcement from the U.S. Department of Defense.
Fiscal 2024 other procurement (Navy) funds totaling $5 million; fiscal 2023 research, development, test, and engineering (Navy) funds of $66,258; and fiscal 2024 research, development, test, and engineering (Navy) funds of $26,349, will be obligated at time of award, of which $66,258 will expire at the end of the current fiscal year. The Naval Sea Systems Command in Washington, D.C. is the contracting authority.
OPINION: Common-Sense Solutions Continue to Get Lost in Albany
Albany politics once again are getting in the way of measures aimed at ensuring a safer learning environment for students and educators, as well as efforts to provide greater protections for crime victims and their families. During committee work [the week of May 6-10] in the Assembly, Republican proposals were blocked from advancing to the
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Albany politics once again are getting in the way of measures aimed at ensuring a safer learning environment for students and educators, as well as efforts to provide greater protections for crime victims and their families. During committee work [the week of May 6-10] in the Assembly, Republican proposals were blocked from advancing to the floor for a vote.
We are only a few weeks removed from enacting a new record-high state spending plan that failed to address most New Yorkers’ biggest concerns — affordability and public safety. Last month, Democrats wholly rejected Assembly Republican efforts to target quality-of-life issues in this state. [And now], Democrats again maintained the status quo by refusing to allow more than 30 Republican-sponsored bills — many aimed at tackling the issues most important to New York’s families while also ignoring much-needed efforts to improve government waste and dysfunction — from making it to the floor for a vote.
These measures included efforts to hold more criminals accountable and empower crime victims and their families as New Yorkers seek corrective action in the wake of the 2019 bail-reform laws that have led to increased violence and crime in our communities. While some in Albany favor catering to a pro-criminal ideology, we will continue to place the priority on law-abiding citizens and our partners in law enforcement. It’s time to start restoring order in this state.
In the past year, Assembly Republicans have introduced numerous recommendations following the Task Force on School Safety & Security to improve the level of school safety across the state. As disruptions, unrest, and violence permeate in educational institutions in New York state, the commitment to the protection and well-being of our students, educators, and school staff should be of the utmost importance.
Following these questionable policy decisions and other worrisome actions from Albany, New Yorkers’ confidence in state government is, in many respects, rightfully low. Seeking to lift the veil of secrecy from a government that is supposed to work for the people should hardly be considered controversial. Yet, our conference’s efforts to champion government reform to increase not only transparency and accountability but efficiency as well, have been stonewalled.
Assembly Democrats even blocked a measure supported by the Office of the Under Secretary of Defense that would benefit military families and the state’s health-care system. The legislation is outlined as part of the Military Community and Family Policy’s top 10 priorities for states to consider for the quality of life for service members and their families.
Sadly, the departure from common sense in New York is an all-too-familiar tale. The Assembly Republican Conference will continue to advance an agenda focused on reversing the destructive policy decisions of one-party rule in Albany. The future of our state is in the balance.
William (Will) A. Barclay, 55, Republican, is the New York Assembly minority leader and represents the 120th New York Assembly District, which encompasses all of Oswego County, as well as parts of Jefferson and Cayuga counties.
OPINION: Congress Just Accomplished Something. Can It Do It Again?
Until recently, it seemed like you couldn’t turn around without finding a headline lambasting the current Congress as the least productive ever. There was good reason for that, which we’ll get into shortly, but it’s worth noting that they’ve suddenly disappeared. Clearly, that’s because of April’s passage of the foreign-aid package that includes significant aid
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Until recently, it seemed like you couldn’t turn around without finding a headline lambasting the current Congress as the least productive ever. There was good reason for that, which we’ll get into shortly, but it’s worth noting that they’ve suddenly disappeared. Clearly, that’s because of April’s passage of the foreign-aid package that includes significant aid for Ukraine, Israel and Gaza, and Taiwan, and a measure that attempts to force a sale of TikTok.
There was a great deal that was notable about these steps, including the willingness of GOP House Speaker Mike Johnson to buck members of his own party and not only bring the package to the floor, but also turn to Democrats for help in passing it. To my mind, though, something even more notable took place: The Republican caucuses in both the House and the Senate divided over the matter — as did Democrats, if not quite as dramatically. In other words, members of both chambers voted as they saw fit, not according to the party line or in lockstep. It’s been a while since we’ve seen this, and here’s hoping we see more.
To be sure, even before the foreign-aid votes, Congress wasn’t quite as tangled by gridlock as it was often painted in the media. Just in the last few months, its members reached a budget deal that keeps the government operating into the fall, and they passed a variety of smaller measures in bipartisan fashion — including one to give a boost to nuclear energy.
Still, there is no question that the current Congress went into this spring with a notable lack of accomplishments on the major issues confronting the U.S. Part of this is just hard numbers. In 2023, Congress passed just 34 bills, the fewest in decades. Even given modern trends — the concentration of power in leadership hands that has produced great reliance on omnibus bills and continuing resolutions, rather than the more incremental legislating that marked Congress in its more productive days — that’s not much to show. And it’s worth remembering that some of the bills Congress did pass, including the budget bill and the foreign-aid package, were hung up for months by partisanship and intra-party wrangling.
There’s no mystery about what happened. The House, in particular, has been hamstrung by infighting within the Republican majority that has produced a succession of speakers, cliff’s-edge ultimatums, and an inability to tackle major issues that everyone on Capitol Hill knows must be addressed. Passing a budget is pretty much the bare minimum we should expect, but Americans also have a right to wonder just why their Congress has been missing in action on everything from guns to abortion to immigration to the budget deficit.
But it’s also worth pointing out that passing legislation isn’t the only measure of Congress’s worth. When I was first elected to Congress in 1964, the percentage of Americans saying they had trust in government was almost 80 percent — today it’s closer to 20 percent. There are plenty of reasons for this long-term decline, but there’s not much question that partisan gamesmanship in Congress over the last few decades has played a substantial role.
And it’s not just the public that’s expressing dissatisfaction. This year and last have seen a bewildering array of members of Congress themselves — mostly in the House — decide either to leave after this term or, even more unusually, to step down in the middle of the term. Members know the institution better than anyone, and with this wave of unexpected retirements, they’re being quite blunt about their feelings on how well it’s working.
My hope is that congressional leaders take a leaf from their own recent playbook on foreign aid. Congress has been stuck in part because leaders and legislators have prized party unity over tangible accomplishment — to the dismay of the vast majority of Americans who tend to be less ideologically committed and more pragmatic about where policy should wind up than the people who represent them. It’s time for Congress to focus more on the pragmatic accomplishments that Americans want, and less on party ideology.
Lee Hamilton, 93, is a senior advisor for the Indiana University (IU) Center on Representative Government, distinguished scholar at the IU Hamilton Lugar School of Global and International Studies, and professor of practice at the IU O’Neill School of Public and Environmental Affairs. Hamilton, a Democrat, was a member of the U.S. House of Representatives for 34 years (1965-1999), representing a district in south-central Indiana.
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