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

Bojangles’ Franchise Sued by EEOC For Religious Discrimination

Charlotte Restaurant Fired Muslim for Not Cutting His Beard, Which His Religion Forbids, Federal Agency Charges

Bo-Cherry, Inc., a North Carolina corporation that operates several Bojangles' restaurants in the Charlotte metro area, violated federal law when it failed to accommodate an employee's religious beliefs and then fired him because of his religion, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.

According to the EEOC's complaint, Devin Charles has been a practicing Muslim for the past 14 years. As a male Muslim member of his sect of the Sunni branch of the Islamic faith, Charles is required to grow and maintain a beard and is not allowed to trim or cut his beard unless it exceeds the length of his fist when holding his beard in his closed hand under his chin, commonly referred to as "fist length." In accordance with his sincerely held religious beliefs, Charles has not trimmed or cut his beard unless it exceeded a fist length.

According to the EEOC's suit, Charles applied for a job with a Bojangles' restaurant in Charlotte, and on May 17, 2012, he was interviewed by a Bojangles' restaurant manager for a food prep position. After the interview, the manager informed Charles that he might need to cut his beard, to which Charles responded that he could not cut his beard for religious reasons, informing her that he was a Muslim. Charles was hired and worked at the restaurant on May 18 without incident.

However, on the following day, the manager instructed Charles that her supervisor, the district manager, had come to the restaurant, seen Charles' beard and instructed her to tell Charles that he needed to shave off his beard to continue working for Bojangles'. Charles reminded the manager that he could not cut his beard because of his religion, and requested an accommodation of wearing a beard net, similar to a hair net, which the restaurant manager refused. The restaurant manager told Charles to leave the restaurant, and to not return to work until he shaved off his beard. Charles refused to shave his beard and was consequently fired, the EEOC said.

Title VII of the Civil Rights Act of 1964 requires employers to make reasonable accommodations for the sincerely held religious beliefs of employees as long as doing so does not pose an undue hardship on the employer. The EEOC filed suit in U.S. District Court for the Western District of North Carolina, Charlotte Division (EEOC v. Bo-Cherry, Inc. d/b/a Bojangles, Civil Action No. 3:13-cv-00210) only after first attempting to reach a pre-litigation settlement through its conciliation process. The EEOC seeks back pay, compensatory damages, punitive damages and reinstatement or front pay. The complaint also seeks injunctive relief.

"Under federal law, employers have an obligation to attempt a fair balance between an employee's right to practice his or her religion and the operation of their business," said Lynette A. Barnes, regional attorney for the EEOC's Charlotte District Office. "This case demonstrates the EEOC's commitment to fighting religious discrimination in the workplace."

Tina Burnside, supervisory trial attorney for the EEOC's Charlotte District Office, added, "This situation, like most similar ones, could have been solved by an honest effort at a fair and practical accommodation."

Eliminating barriers in recruitment and hiring, especially class-based recruitment and hiring practices that discriminate against racial, ethnic and religious groups, older workers, women and people with disabilities, is one of six national priorities identified by the agency's Strategic Enforcement Plan (SEP).

Source: EEOC

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

Tuesday 9/18 is the last day for input on EEOC's Strategic Enforcement Plan

The U.S. Equal Employment Opportunity Commission (EEOC) has released for public comment a draft of its Strategic Enforcement Plan (SEP).  Comments must be submitted by 5:00 pm ET on September 18, 2012 at strategic.plan@eeoc.gov or received by mail at Executive Officer, Office of the Executive Secretariat, U.S. Equal Employment Opportunity Commission, 131 M Street, NE, Washington, D.C. 20507.  The Commission plans to vote on the draft plan at the end of this fiscal year.

The first requirement of the EEOC's Strategic Plan for Fiscal Years 2012 - 2016 was to develop the SEP by the start of fiscal year 2013 - October 1, 2012.  The SEP will establish the Commission's priorities and integrate all components of EEOC's private, public and federal sector enforcement. 

The process for developing the SEP has been highly inclusive and collaborative.  The plan was developed by the Commission with input from a Work Group consisting of district and headquarters staff, led by Chair Jacqueline Berrien, General Counsel P. David Lopez, and Memphis District Director Katharine Kores.  On June 5, the Commission solicited written input on the SEP's development.  In response, comments were submitted by more than 100 individuals, organizations, and coalitions - internal and external to the agency - from across the nation.  On July 18, the Commission held a public meeting to receive input from more than 30 stakeholders on the issues they believed should be addressed in the plan.   

The Commission is continuing this inclusive effort by soliciting comments from the general public on a draft of the SEP.  Your input is vital to their efforts to ensure accountability to our nation's workers, employers, and taxpayers in general. All comments will be reviewed and considered as the Commission continues to edit the plan.  

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

EEOC Seeks Public Input in Developing Strategic Enforcement Plan

In February 2012, the U.S. Equal Employment Opportunity Commission (EEOC) approved a Strategic Plan for Fiscal Years 2012 – 2016. The Strategic Plan establishes a framework for achieving the EEOC’s mission to stop and remedy unlawful employment discrimination by focusing on strategic law enforcement, education and outreach, and efficiently serving the public. The first performance measure of the plan requires the Commission to approve a Strategic Enforcement Plan (SEP). The Commission is now developing the SEP and would like input from the public. We encourage participation from individuals, employers, advocacy groups, agency stakeholders and other interested parties.

While no specific format is required, the EEOC is most interested in what their national priorities should be for the next three years to have the greatest impact in combating discrimination in the workplace; and recommendations for improving enforcement, outreach and prevention, and customer service. Email and / or mailing address should also be included.

Suggestions must be submitted by 5:00 pm EDT on June 19, 2012 to strategic.plan@eeoc.gov or received by mail at Executive Officer, Office of the Executive Secretariat, U.S. Equal Employment Opportunity Commission, 131 M Street, NE, Washington, DC 20507.

All submissions will be reviewed for possible inclusion in a future Commission meeting in Washington, D.C. on the development of the SEP. If selected, the author or a representative would be invited to testify before the Commission in person, via phone, or via live video.

For general inquiries about the 2012 Strategic Plan or the development of the SEP, please email strategic.plan@eeoc.gov or call (202) 663-4070/(TTY: 202-663-4494).


Source EEOC 6/5 Press Release