An employer's harassment to-do list for our times
Easiest to-do list ever! As I reported recently , the U.S. Equal Employment Opportunity Commission has rescinded a detailed harassment guidance document issued during the Biden Administration. As a result, many employers are probably wondering what exactly they can and cannot do, as well as what they should and shouldn’t do. I speculated about this in early January. Now that the rescission is official, here is my 2026 harassment to-do list for employers. I hope it helps. No. 1: If you have a good harassment policy, don’t change a thing. Well, maybe one or two things, discussed below. But don't believe the hype. The EEOC's action does not mean that we're in a harassment free-for-all. Don't delete the parts of your policy that prohibit discrimination or harassment based on sexual orientation and gender identity. You should keep those. The U.S. Supreme Court ruled in 2020 that discrimination (and, presumably, harassment) based on sexual orientation or gender i...