As the EEOC explains, the “proposed guidance explains the legal standards and employer liability applicable to harassment claims under the federal employment discrimination laws enforced by the EEOC. These laws protect covered employees from harassment based on race, color, religion, sex (including sexual orientation, transgender status, and pregnancy), national origin, disability, age (40 and older) or genetic information.”
The proposed guidance resumes the work of the Obama administration updating the guidance, which was interrupted during the Trump administration. It expands on the earlier attempted update and incorporates the U.S. Supreme Court decision in Bostock v. Clayton County (140 S. Ct. 1731), the Supreme Court case that found that sex harassment included sexual harassment based on sexual orientation. It incorporates changes in U.S. society in the aftermath of the #MeToo movement and includes a number of scenarios to explain the EEOC’s enforcement of the law.