In a move as sudden and revealing as pulling back curtains from a dim room, the U.S. Equal Employment Opportunity Commission (EEOC) unveiled its much-anticipated draft enforcement guidance on workplace harassment. It's a poignant moment, coming six years post a foiled attempt during the Trump era, akin to a train previously derailed, now back on its tracks.

 EEOC Harassment Guidance : Anticipation for Official Release

While the suspense is thick enough to cut with a knife, the proposal named "Proposed Enforcement Guidance on Harassment in the Workplace" is slated for a Federal Register appearance come Monday. Yet, hovering clouds of a potential government shutdown could play the spoiler. The public, on tenterhooks, can voice their opinions on it until November 1, post its publishing.

The blueprint didn't just materialize out of thin air. On Aug. 25, it reached the White House's Office of Management and Budget, after undergoing careful scrutiny.

EEOC's Clear Intentions and Priorities

"Clarity, development, and a continuation of past endeavors." EEOC Chair, Charlotte A. Burrows, expressed this trio in her statement, emphasizing the commission's zeal for input from the public. The proposal, birthed from the womb of innovation and necessity, earned its seal of approval through a nail-biting 3-2 vote among commissioners. An EEOC insider, Victor Chen, spilled the beans on this but kept the suspense alive, withholding the voting details.

This isn't just a step; it's a leap for EEOC, presenting its first official stance on harassment post the 1999 "Enforcement Guidance on Vicarious Liability for Unlawful Harassment by Supervisors."

 The Road Ahead

With the backdrop of an evolving digital age, Burrows addressed the pressing issues of our time, like online harassment, at an American Bar Association meet in the vibrant city of Las Vegas. It felt like a phoenix's promise, rising from past failures.

The attempt isn't new. In 2017, the EEOC showcased a hefty 75-page proposition focusing on sexual harassment, aiming to supersede a relic from the 1990s. This initiative, inspired by a 2016 study, unfortunately met a roadblock during Trump's tenure.

Now, Burrows and Vice Chair Jocelyn Samuels are adamant. The landscape has evolved, influenced by the #MeToo crusade, the aftermath of a global pandemic, and the U.S. Supreme Court's pivotal 2020 decision in Bostock v. Clayton County, Georgia. The duo emphasizes the urgency and prioritization of this updated harassment guidance. As Burrows reassured earlier in 2021, "The guidance isn't in oblivion. It's very much alive and kicking."

Prior to Kotagal's inclusion, the agency took proactive steps, issuing a pivotal document in April, targeted at curbing harassment within the federal workforce.