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Title: Proposed Changes to Harassment Policies by EEOC: What Employers Need to Know The Equal Employment Opportunity Commission (EEOC) has proposed important updates to harassment policies that employers should be aware of as we approach the end of the year. The proposed guidance, issued on September 29, focuses on workplace harassment and, once finalized in early 2024, will mark the first significant update to federal harassment policy guidance since 1999. One of the key takeaways from the proposed guidance is that pregnancy, childbirth, and related medical conditions will now be included as part of sex-based harassment. Additionally, the guidance highlights that religious expression may not be protected if it creates a hostile work environment. It also clarifies that sexual orientation and gender identity are encompassed within sex-based harassment

Furthermore, the guidance emphasizes that harassment based on sex also covers nonsexual conduct based on sex. While the finalization of the EEOC's guidance is expected in the coming year, employers are advised to proactively review their harassment policies and ensure they align with current law and approved EEOC guidance. This serves as a timely reminder for employers to refresh their policies ahead of holiday parties, where incidents of harassment may occur. It is worth noting that the EEOC previously attempted to update the guidance in 2017, but the process was halted. Therefore, it is crucial for employers to stay informed and stay tuned for updates as the proposed guidance progresses. In conclusion, employers are urged to seize the opportunity to revisit their harassment policies and familiarize themselves with the proposed changes. By doing so, they can help create a safe and inclusive work environment for all employees.