By a 3-2 vote, the Equal Employment Opportunity Commission (EEOC) published and invited public comment on draft guidelines on responding to workplace harassment. The amended guidelines have the potential to be the first amendments made to the EEOC’s workplace harassment guidelines in almost 25 years. Similar efforts to amend the guidelines stalled under the Trump administration in 2017. The Commission lists its two goals as, “preventing and remedying systemic harassment, and protecting vulnerable workers and people from underserved communities from harassment.”1 The proposed guidelines reflect and sometimes build upon recent changes in law. For example, in Bostock v. Clayton County, the U.S. Supreme Court held that held that

Nine female detention service officers triggered one of the most significant developments in employment discrimination laws in recent memory when they sued the Dallas County Sheriff’s Department for not allowing them to take weekends off. Hamilton v. Dallas County, No. 21-10133, 2023 WL 5316716 (5th Cir. Aug. 18, 2023). The Sheriff’s Department had instituted an admittedly sex-based policy that allowed male officers to take both weekend days off, while only allowing female officers to take two weekdays off or one weekend day and one weekday off. The 5th Circuit commented, “Bottom line: Female officers never get a full weekend off.” The

On August 2, 2023, The National Labor Relations Board (“NLRB”) overruled the prior decisions in Boeing Co. and LA Specialty Produce Co. because they permitted employers to adopt “overbroad work rules” that chill employees’ exercise of their rights under Section 7 of the National Labor Relations Act. The NLRB found that the former standard failed to account for the economic dependency of employees on their employers, gives too little weight to the burden a work rule could impose, gives too much weight to employer interests, and does not require the employer to make rules only to promote legitimate and substantial