News

Employers shouldn’t assume that just because no one is reporting harassment, it’s not happening.

When HR launches a discrimination or harassment investigation, it’s a good idea to stay attuned to how that investigation may look to outsiders a year or so down the line. That requires those performing the investigation to put aside any preconceived notions about what happened.

Chances are, at some point an employee is going to come to HR and tell you they believe they have been discriminated against, harassed or otherwise been treated unfairly. How you respond to that complaint can mean the difference between losing a lawsuit and all that entails or resolving the problem early and avoiding liability.

The EEOC made the request days after regaining a quorum, allowing Andrea Lucas to move forward with revising or eliminating the guidance altogether. She voted against the guidance in 2024, particularly the parts that found that harassment based on gender identity violates Title VII’s sex-discrimination provisions.

There’s a new legal decision that offers guidance on how far employers should go in anti-harassment policies and what does not amount to sexual harassment.

Here’s what EEOC commissioner Kalpana Kotagal predicts for 2026.

Last month, we told you about a federal appeals case that ruled that an employer may not be liable for third-party sexual harassment that occurs off-premises even if the harasser is a client or customer. Now, another federal court has ruled that an employer isn’t liable for third-party harassment on the premises, either.

The American Law Institute recently approved a change to recommended interpretations of tort law to include employer liability for sexual assaults. Its recommendations are widely used by judges when deciding whether an employer broke the law.

When investigating an employee’s complaint of harassment—sexual or otherwise—tailor your inquiries to the facts of that case.

For decades, the EEOC has taken the position that employers can be liable for sexual harassment by third parties like customers and clients if they knew or should have known that the harassment was taking place but didn’t take steps to stop it. Now, a recent federal appeals court has ruled that the EEOC’s position isn’t valid and the only way an employer can be held liable for third-party harassment is if it intended for the harassment to occur.