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According to the EEOC, harassment continues to be a huge problem in the workplace.  In an effort to clear up confusion as to when employers should be held liable for workplace harassment, the EEOC recently issued new guidance.  The guidance addresses so much more than the run of the mill sexual harassment claims – it includes racial harassment, sexual orientation harassment, and so much more!  For the first time, the EEOC also gives us an indepth discussion of what it is looking for in your harassment policies and your harassment training programs. 


  • Understanding the EEOC’s approach regarding employer liability for quid pro quo harassment and hostile working environments – who does the EEOC consider as a supervisor?
  • Defining quid pro quo harassment
  • Defining hostile working environment
  • Employer obligations when the alleged harasser is a customer

  • Defining when an employee has engaged in protected activity
  • New EEOC approach to retaliation claims
  • Tips in conducting a proper investigation
  • What the EEOC wants to see in your policies and harassment training
  • Proper documentation of an harassment investigation

How an employer handles an harassment claim can make all the difference in avoiding a lawsuit.  It also makes all the difference in whether your company will be held liable for someone’s harassment of your employee.  Employees are becoming more aware of their rights and are not shy about using the term “harassment.”  The EEOC will also be looking at your investigation to determine whether you took that claim seriously and how  you responded.  This session will guide you through what the EEOC will be expecting in analyzing your investigation. 


  • Human Resource professionals
  • Risks managers
  • Human resource generalists

Susan Fahey Desmond is a principal with Jackson Lewis PC which has offices across the United States. She has been representing management in all areas of labor and employment law since her graduation from the University of Tennessee School of Law in 1985 and is a frequent author and speaker on labor and employment law issues. She is listed in Best Lawyers in America for labor and employment law and has been named by Chambers USA as one of America's leading business lawyers.

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