The EEOC recently updated its enforcement guidance on workplace harassment following a Texas federal court ruling that found the Biden Administration's EEOC had unlawfully expanded the definition of "sex" in the original guidance. The updated guidance includes labeled and shaded sections that have been vacated. As we noted in an Alert last year, the original guidance had broadened the definition of sexual harassment to include actions such as misgendering or denying an individual access to a bathroom or other sex-segregated facility consistent with their gender identity.
We will continue to monitor these developments and provide updates.
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