ADAPT AND LEAD
EEO Law Covered Employers Prohibited Harassment
Title VII
ADEA
ADA
GINA
Private-sector employers with 15 or more employees for at least 20 weeks in the same calendar year as, or in the calendar year prior to, when the alleged harassment occurred
Private-sector employers with 20 or more employees for at least 20 weeks in the current or preceding calendar year
Private-sector employers with 15 or more employees for at least 20 weeks in the same calendar year as, or in the calendar year prior to, when the alleged harassment occurred
Private-sector employers with 15 or more employees for at least 20 weeks in the same calendar year as, or in the calendar year prior to, when the alleged harassment occurred
Prohibits harassment on the basis of race, color, religion, national origin, and sex( including pregnancy, childbirth, or related medical conditions)
Prohibits harassment against someone who is age 40 or older on the basis of age
Prohibits harassment against a qualified person on the basis of their disability
Prohibits harassment on the basis of an individual’ s genetic information( e. g., family medical history; genetic tests of an individual or an individual’ s family members; information about any disease, disorder, or condition)
The U. S. Equal Employment Opportunity Commission( EEOC) is a federal agency responsible for enforcing federal equal employment opportunity( EEO) laws. Each EEO law listed below covers certain private-sector employers and prohibits harassment:
• Title VII of the Civil Rights Act of 1964( Title VII)
• Age Discrimination in Employment Act( ADEA)
• Americans with Disabilities Act( ADA)
• Genetic Information Nondiscrimination Act( GINA)
Failure to properly respond to allegations of harassment can lead to significant financial and reputational harm to employers. Therefore, it is important that employers understand their obligations under these laws and how to respond to claims of harassment. This Compliance Overview summarizes employer requirements under EEO anti-harassment laws and provides best practices for responding to internal harassment claims. Separate obligations apply where an employee has filed a claim with the EEOC or a similar state agency.
Overview of Federal EEO Laws
EEO laws protect employees and applicants from harassment on the basis of certain protected traits. To help prevent claims of harassment, employers should familiarize themselves with the various forms of harassment prohibited under each EEO law and assess whether they are subject to those laws.
Unlawful Harassment
Unlawful harassment is unwelcome conduct based on an individual’ s protected trait where:
• Enduring the offensive conduct becomes a condition of continued employment; or
• The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name-calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance.
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