ELI in the News

The U.S. Equal Employment Opportunity Commission proposed Monday enforcement guidance on workplace harassment after more than a half-decade of public debate and commentary. The document is structured around the three components of a harassment claim, including determining whether the harassment is based on an employee’s legally protected characteristics; whether the harassing conduct resulted in discrimination with respect to a term, condition or privilege of employment; and whether there is a basis for holding the employer liable for the conduct.

The U.S. Supreme Court’s decision to overturn affirmative action policies in college admissions raises concerns for many employers about the viability of workplace diversity, equity and inclusion (DEI) initiatives. While the Equal Employment Opportunity Commission (EEOC) noted that the decision “does not address employer efforts to foster diverse and inclusive workforces,” this view has already proven contentious.

Diversity, equity and inclusion (DEI) initiatives at companies are a priority among job seekers, with 63% of respondents across generations in a recent Ernst & Young (EY) surveyOpen in a new tab preferring companies that prioritize DEI. Younger workers place an even higher priority on the initiatives — 73% of Gen Z respondents and 68% of Millennials.

The EEOC’s newly adopted strategic enforcement plan aims to increase the public’s access to the EEOC and increase investigation training and resources. The plan describes the EEOC’s vision of fair and inclusive workplaces and details expanded efforts to reduce systemic barriers to equal opportunity, including an enhanced focus on identifying offenses and additional staff and resources for enforcement.

Customers who abuse, insult or harass a company’s employees can be a nightmare. An employer’s options for dealing with them are limited, but managers can help. “Dealing with a threatening customer or client is a challenge, especially in the modern environment where there is a concern that escalation will lead to actual violence,” said David Barron, an attorney with Cozen O’Connor in Houston and Chicago.