For the first time in 25 years, the Equal Employment Opportunity Commission (EEOC) updated its guidance on harassment in the workplace. The new information aims to consolidate harassment laws and increase protections for employees. With multiple changes in the last two decades to various laws governing the workplace, the new guidance removes outdated regulations and updates existing rules.
At MehaffyWeber, our labor and employment lawyers understand that a safe workplace is vital to the well-being of all individuals. We work to ensure that employees are both protected and can get justice when they have been wronged. We are an experienced litigation firm with a long history of getting results for our clients.
Overview of the EEOC Updates
The EEOC recently released information on enforcement guidance on harassment in the workplace. The new guidance seeks to better define the conditions by which harassment claims can be filed. This updated governance targets three areas: covered bases and causation, discrimination with respect to a term, condition, or privilege of employment, and liability.
Covered Bases and Causation
The covered bases and causation portion of the new guidance examines whether or not the protected characteristics are the focal point of the harassment and determines if the harassment an individual experienced was indeed based on these characteristics. Protected characteristics include:
- Race
- Color
- National origin
- Religion
- Sex
- Age
- Disability
- Genetic information
- Retaliation
In order to establish harassment based on one or more of these protected characteristics, an individual must be able to demonstrate that they were harassed because of their legally protected characteristic. The behavior’s context is a critical consideration, especially if there were violations that involved stereotyping, hostile work environments, or harassment that began after a discovery of the individual’s protections.
Discrimination With Respect to a Term, Condition, or Privilege of Employment
The next step in determining harassment and violations of the law is to investigate whether or not the terms, conditions, or privileges of an individual’s employment changed based on harassment stemming from a protected characteristic. A common example is an employee who is denied a raise or other benefit after denying sexual advances from a harasser.
However, the employee may not bring a case under EEOC guidance if they did not perceive the behavior as abusive or the behavior is not severe enough to create a hostile work environment. Also, they can’t make a case if their work terms, conditions, or privileges do not change.
Liability
The final prong of the guidance outlines who is liable for the harassment and when. If an employee’s terms, conditions, or privileges of employment changed as part of the harassment, then an employer is fully liable. In a hostile work environment, the role of the harasser in and on behalf of the employer is considered when determining who bears liability.
A central factor when litigating workplace harassment cases is establishing who owed a duty of care and how their behavior reached the standard of negligence by not preventing the conduct.
The Role of a Labor and Employment Attorney in Harassment Cases
Whether you are an employee or employer, working with a labor and employment attorney in Texas can help you navigate the complexities of employment law. A lawyer can provide you with legal counsel from training and policy development to litigation. With many types of workplace laws in place and changes to those laws, an experienced and knowledgeable lawyer will be able to ensure your rights are protected.
Working with an attorney is in your best interest when making a harassment claim. They can investigate your situation and build a case for you. According to the U.S. Equal Employment Opportunity Commission, a harassment claim must establish the following:
- Harassment based on a protected characteristic
- Exposure to unwelcome behaviors regarding that protected characteristic
- How the harassment in question was based on that particular characteristic
- How the harassment negatively affected the individual’s work
- Evidence of the employer’s partial or full liability
Additionally, a lawyer can assist you with filing your claim within the state’s statute of limitations. According to Texas Labor Code Sec. 21.202, the statute of limitations states a plaintiff must file a claim about an unlawful employment practice within 180 days and a claim for sexual harassment within 300 days. Claims filed after those dates may no longer be considered. You should speak with your lawyer as soon as possible about harassment claims so you can ensure your case can be heard.
Recoverable Losses in a Workplace Harassment Case
When an individual suffers injustice in the workplace, they may seek compensation for the wrongs committed against them. They have the right to seek economic damages covering any financial losses they suffered if the terms, conditions, or privileges of their job changed or were revoked.
They can also claim non-economic damages for the experience and emotional distress caused by a harasser. For serious offenses, a person may also have the option to claim punitive damages, although this is rare. Punitive damages can be used to punish an employer for its negligence and role in contributing to a hostile workplace.
Protect Yourself With Top-Tier Legal Representation
With the EEOC’s new guidance on workplace harassment, we know it can be confusing and complicated if you are ready to file a claim. To protect your rights and get a resolution for your situation, work with an experienced labor and employment lawyer who offers a thorough knowledge of the laws governing workplace behavior and harassment. Trusting in the qualified team at MehaffyWeber can get you the best outcome.
As one of the top law firms, our Texas labor and employment attorneys work diligently to understand both your claim and your goals, developing unique strategies to win your case. Harassment is a serious matter and our team is ready to ensure you receive fair treatment and justice. When you hire us, you get a legal team with Texas roots, regional experience, and national recognition. Contact us today and get the representation you need.