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The U.S. Equal Employment Opportunity Commission (EEOC) recently announced that it will launch two new training programs: Leading for Respect (for supervisors) and Respect in the Workplace (for all employees). The EEOC is offering these programs as an alternative to harassment prevention; the training will be conducted by EEOC Training Institute staff.
According to the EEOC, the programs will focus on respect, acceptable workplace conduct, and the types of behaviors that contribute to a respectful and inclusive workplace. The Commission also noted that the programs are customizable for different types of workplaces and include a section for reviewing the employers’ own harassment prevention policies and procedures.
Attorney General Jeff Sessions, in a letter to all U.S. attorneys and the heads of all federal agencies, had advised that while Title VII provides various protections to transgender individuals, it “does not prohibit discrimination based on gender identity per se, including transgender status.” Sessions noted: “The sole issue addressed in this memorandum is what conduct Title VII prohibits by its terms, not what conduct should be prohibited by statute, regulation, or employer action. As a law enforcement agency, the Department of Justice must interpret Title VII as written by Congress.”
The Equal Employment Opportunity Commission (EEOC) issued updated guidance on Nov. 21, 2016, regarding national origin discrimination for the first time since 2002. In 2015, 11 percent of all discrimination charges filed with the EEOC included allegations of national origin discrimination. The new guidance discusses Title VII’s prohibition against national origin discrimination and its application to all types of workplace settings, including hiring, firing, and discipline, in order to prevent employment discrimination on the basis of national origin.
The EEOC update reminds employers of several important employment practices. First, all foreign nationals who are legally working within the United States are protected by Title VII, regardless of their citizenship status and have standing to bring a Title VII discrimination claim. Further, national origin discrimination may also exist in the form of an “association” claim, (where an employer treats an employee less favorably because the employee associates with someone of a particular national origin) or a “perceived as” claim, (where the employer intends to treat an employee differently because of what it believes the employee’s national origin to be, even if that belief is ultimately incorrect.) For more on the EEOC guidance, click here.