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Updated EEOC Guidelines: Pandemic-Related Harassment | Header Image | McOmber McOmber & Luber

Updated EEOC Guidelines: Pandemic-Related Harassment

June 15, 2020 by Red Bank Legal

How can employers help reduce the chance of workplace harassment that may arise as a result of the COVID-19 pandemic?

Employers play a big role in helping reduce the chance that harassment will occur in their workplace. One way they can help reduce the chance of harassment is by clearly communicating to their workforce that fear of the COVID-19 pandemic should not be misdirected against co-workers because national origin, race, or any other protected characteristics.

Are there steps an employer should take to address possible instances of harassment and discrimination against coworkers in the workplace?

Yes. Employers can and should remind all employees that it is against federal law to harass or otherwise discriminate against coworkers based on race and national origin, among other protected classes.

Employers should advise employees in supervisory positions to be keeping an eye out for, stopping, and reporting any harassment or other forms of discrimination. Employers should immediately review any allegations of harassment or discrimination and take appropriate action.

With teleworking currently being the “new normal,” is it still possible for harassment to occur?

Harassment may occur using electronic communication tools – regardless of whether employees are in the workplace, teleworking, or on leave – and also in person between employees at the worksite.

What actions should an employer take if they learn an employee is being harassed using electronic communication tools?

The employer should take the same actions it would if the employee was present in the workplace.  Employees are prohibited from harassing other employees through, for example, emails, calls, or video/chat communication.

Filed Under: COVID-19 Updates, Legal, Workplace Harassment

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