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.“
