EEOC’s Harassment Enforcement Picks Up

September 28, 2018

The Equal Employment Opportunity Commission has filed 27 lawsuits over the last four months accusing employers of not taking adequate steps to address sexual harassment at their workplaces, a marked increase from previous years.

Sexual harassment needn’t be only against women: In one case, the EEOC accused an employer of turning a blind eye to alleged harassment against male employees.

Harassment through social media:  In another case, the EEOC accused an employer of not doing enough to prevent sexual harassment over the internet and social media, even though the alleged actions occurred outside of the workplace.

Harmonizing Title VII and the NLRA:  The EEOC and NLRB are also discussing possible guidance on when confidential workplace harassment investigations will not violate the right of workers to engage in protected concerted activity under the NLRA.

Outlook:  Enforcing harassment protections will continue to be an EEOC priority as evolving cultural norms regarding the #MeToo movement are likely to impact future court decisions.