EEOC Seeks Public Input on Proposed Enforcement Guidance on Harassment

PRESS RELEASE JANUARY 10, 2017

WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) announced that it has voted to release for public input a proposed enforcement guidance addressing unlawful harassment under the federal employment discrimination laws. The proposed Enforcement Guidance on Unlawful Harassment is available for input until Feb. 9, 2017 at https://www.regulations.gov/docket?D=EEOC-2016-0009.

This proposed guidance, which is the product of extensive research, analysis, and deliberation, explains the legal standards applicable to harassment claims under federal employment discrimination laws. The laws enforced by EEOC protect individuals from harassment based on race, color, religion, sex, national origin, disability, age, or genetic information.

Between fiscal years 2012 and 2015, the percentage of private sector charges that included an allegation of harassment increased from slightly more than one-quarter of all charges annually to over 30% of all charges. In fiscal year 2015, EEOC received 27,893 private sector charges that included an allegation of harassment, accounting for more than 31% of charges filed that year. In the same year, federal employees filed 6,741 complaints alleging harassment – approximately 44% of complaints filed by federal employees that year.

“Harassment remains a serious workplace problem that is the concern of all Americans. It is important for employers to understand the actions they can take today to prevent and address harassment in their workplaces,” said Chair Jenny R. Yang. “The Commission looks forward to hearing public input on the proposed enforcement guidance.”

Preventing systemic harassment has been one of EEOC’s national enforcement priorities since 2013. The Commission reaffirmed this priority in its Strategic Enforcement Plan for 2017-2021.  At a public meeting in January 2015, the Commission established a Select Task Force on the Study of Harassment in the Workplace to analyze workplace harassment and identify innovative and creative prevention strategies. Chaired by Commissioners Chai R. Feldblum and Victoria A. Lipnic and comprised of academic experts, legal practitioners from the plaintiff and defense sides, employers, employee advocacy groups, and organized labor, the Select Task Force met 10 times between April 2015 and June 2016 to hear and consider testimony and public comments. At a June 2016 public meeting, Commissioners Feldblum and Lipnic presented their Report of the Co-Chairs of the Select Task Force on Harassment in the Workplace  (“Harassment Prevention Report”) with findings and recommendations about harassment prevention strategies.

“I am pleased that we are able to follow up on the recommendations in our Harassment Prevention Report with this release of the draft enforcement guidance on unlawful harassment,” said Feldblum.  “This guidance clearly sets forth the Commission’s positions on harassment law, provides helpful explanatory examples, and provides promising practices based on the recommendations in the report.  I believe it will be a helpful resource for employers and employees alike, and I look forward to receiving comments from the public.”

“As we learned from the Harassment Prevention Report this past year, 30 years after the U.S. Supreme Court laid down the law in this area, harassment charges and cases remain a far too dominant part of the work of the Commission,” said Lipnic. “I am pleased the Commission is offering an updated version of its positions on the important legal issues on this topic and look forward to the public input.”

The public is invited to submit input about the proposed Enforcement Guidance on Unlawful Harassment via www.regulations.gov. Alternatively, members of the public may send written feedback to: Public Input, EEOC, Executive Officer, 131 M Street, N.E., Washington, D.C. 20507.  Please provide input in narrative form and do not submit redlined versions of the guidance document. Input will be posted publicly on www.regulations.gov, so please do not include personal information that you do not want made public, such as your home address or telephone number. The deadline for submission of public input is February 9, 2017.

After reviewing the public input, the Commission will consider appropriate revisions to the proposed guidance before finalizing it.

EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov.  Stay connected with the latest EEOC news by subscribing to our email updates.

EEOC Updates Strategic Enforcement Plan

Commission Reaffirms Priorities and Strategies for Securing Strategic Impact

In December 2012, the U.S. Equal Employment Opportunity Commission (EEOC or Commission) issued a Strategic Enforcement Plan (SEP) for Fiscal Years 2013-2016. The SEP established substantive area priorities and set forth strategies to integrate all components of EEOC's private, public, and federal sector enforcement to have a sustainable impact in advancing equal opportunity and freedom from discrimination in the workplace.  The Commission recently approved an updated SEP for Fiscal Years 2017-2021, reaffirming the agency’s commitment to efforts that have strategic impact in advancing equal opportunity in America’s workplaces.

EEOC’s Strategic Enforcement Plan for Fiscal Years 2017-2021 continues to prioritize the areas identified in its previous SEP, with some modifications:

• Eliminating barriers in recruitment and hiring;
• Protecting vulnerable workers, including immigrant and migrant workers, and under-served communities from discrimination;
• Addressing selected emerging and developing issues;
• Ensuring equal pay protections for all workers;
• Preserving access to the legal system; and
• Preventing systemic harassment.

As the Commission reinforces its efforts to address pay discrimination based on sex, this SEP also includes combating pay discrimination that persists based on race, ethnicity, age, and for individuals with disabilities.

Source: EEOC

VXI Global Solutions Sued for Systemic Sexual Harassment of Call Center Staff

Supervisors Openly Subjected Both Female & Male Staff to Constant Sexual Propositions, Graphic Pictures, Foul Language & Groping, Says Federal Agency

 

VXI Global Solutions, a provider of call center services for major nationwide companies, violated federal law when it failed to stop and remedy the widespread sexual harassment of both female and male workers by company supervisors, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed. The EEOC also alleged that the Los Angeles-based company retaliated against employees who reported the harassment.

A class of female and male call center staff endured an extremely hostile work environment perpetuated by a male floor manager and other supervisors since about 2009, according to the EEOC. Females were subjected to unsolicited groping and touching, constant sexual propositions, and grotesque comments of a sexual nature. The EEOC also contends that a female assistant supervisor made repeated advances toward male staff with foul descriptions of proposed sexual activity, unwanted lap dances and physical rubbing. Male employees who refused to participate were subjected to unlawful gender stereotyping in that they were accused of being gay because of their objection to the harasser's behavior.

The floor manager also allegedly threatened and intimidated both female and male staff to prevent complaints. Numerous attempts to report the harassment to human resources personnel were stymied by their lack of availability. Once VXI Global's supervisors and/or human resources personnel were eventually advised of the harassment, several of the alleged victims were subsequently disciplined and terminated in retaliation between 2010 and 2011.

All this alleged sexual harassment, gender stereotyping and retaliation violate Title VII of the Civil Rights Act of 1964. The EEOC filed suit in U.S. District Court of the Central District of California (EEOC v. VXI Global Solutions, Inc. a/k/a, VXI Global Solutions, LLC, Case No. 2:14-cv-07444), after first attempting to reach a pre-litigation settlement through its conciliation process. The agency seeks back pay, compensatory and punitive damages on behalf of the class of victims, along with injunctive relief to prevent and address future harassment and retaliation.

"A hostile work environment destroys morale and productivity," said Rosa Viramontes, acting district director for the EEOC's Los Angeles District. "Retaliation against workers who report such harassment - which is illegal under federal law - only further corrodes the working environment, creating a chilling effect on the rest of the workforce."

Anna Y. Park, regional attorney for the EEOC's Los Angeles District, added, "Ignoring complaints of harassment can quickly grow into an epidemic. Employers who fail to provide meaningful preventive and corrective measures to address harassment in its early stage risk greater systemic problems - and broader liability."

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.

Guam Credit Union to Pay $75,000 to Resolve Sexual Harassment Case

Maite, Guam-based Coast 360 Federal Credit Union will pay $75,000 and furnish other relief to settle a sexual harassment case with the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today. The credit union also agreed to implement measures to prevent future incidents of harassment.

In February 2012, a male employee filed a charge with the EEOC alleging that he was sexually harassed by a member of the credit union in 2011, including gestures of a sexual nature. The EEOC ultimately found reasonable cause that the credit union violated Title VII of the Civil Rights Act of 1964 for the sexual harassment to which the victim was subjected.

Without admitting liability, Coast 360 Federal Credit Union agreed to enter into a conciliation agreement with the EEOC and the alleged victim, thereby avoiding litigation. Aside from the monetary relief, the credit union agreed to hire a consultant or attorney to provide all employees with live training on how to address and prevent sex discrimination, sexual harassment and retaliation in the workplace. The credit union also agreed to appoint an internal equal employment opportunity officer to review and revise the credit union's anti-harassment policy and complaint procedures as needed. The EEOC will monitor compliance with the agreement.

"Federal law prohibits sexual harassment in the workplace, and employers have the responsibility to protect their staff from such misconduct," said Timothy Riera, director of the EEOC's Honolulu Local Office, which includes Guam in its jurisdiction. "We are pleased that Coast 360 worked with the EEOC to reach a resolution that will both prevent sexual harassment and ensure that such issues are properly addressed going forward."

Source: EEOC

This information is intended to be educational and should not be considered legal advice on any specific matter.