Emojis, AI, Algorithms, Vulnerable Workers and Systemic Harassment – YIKES! Are You Ready to Apply the New Proposed EEOC Guidelines and Court Rulings?

A court in Louisiana found a winking smiley face coupled with a narrative about a colleague’s good looks, to be flirtatious and offensive. But was it illegal? Saying the N-word one time may be severe enough for the case to go to court, or can it?

You are used to knowing about the typical issues around harassment so what in the world is going on now!? What is it with emojis, and AI? You have been in Human Resources or management for years. Your plate is full of too much to do and to know in your increasingly stressful job. You are expected to stay current in discrimination and harassment case law for the federal and state-protected classes. Are you current?  It seems like an unending responsibility. You remember hearing something in the news about a change in the pregnancy law but can’t remember what it was.  You know that the American Disability Act, Title VII has expanded with something called an accommodation meeting, but what does that require? You heard that a company was required to pay a plaintiff an additional $1,000,000 because the company didn’t do harassment training could that be true? The #MeToo movement is alive and well. You have a company wellness program and have heard that employees are suing for discrimination based on the incentives offered to those who take part in the program. And it still isn’t clear as to whether you can personally be sued for misconduct. The EEOC has said that current workplace prevention tactics aren’t working harassment continues to be a problem with an increasing number of complaints every year; and with employers not doing what is required to effectively deal with the misconduct.

A new area in the EEOC’s recent 2023 proposed guidance indicates that harassment outside the workplace may also constitute illegal harassment if it negatively affects the work venue thereby creating a hostile work environment. This can include text messages, e-mails, phone calls, social media, and stalking, to name a few if it negatively affects the work environment thereby creating a hostile work environment. The EEOC’s new 2023 proposed guidance discusses systemic harassment and its first AI lawsuit alleging employment discrimination in hiring practices.

It is almost impossible for managers and HR professionals to stay current in the ever-evolving civil rights case law due to their busy workload. As a result, discrimination and harassment may go unrecognized and allowed to continue creating a hostile work environment for employees resulting in absenteeism, turnover, loss of productivity, and physical and emotional health consequences to the target and witnesses of the abuse. The failure of managers and HR professionals to recognize discrimination and harassment creates liability for the organization and costly lawsuits.

This session encompasses the following key aspects:

• Reviewing incidents of discrimination and harassment within protected classes.
• Identifying and understanding the Equal Employment Opportunity Commission's (EEOC) proposed guidelines for harassment in the years 2023-2024.
• Exploring recent court decisions on harassment pertaining to Age, Genetics, Disability, Pregnancy, Caregiving, Gender, and relevant State and Federal Laws.
• Discussing the concept of Affirmative Defense (AD) and emphasizing organizational responsibilities in reducing liability through AD.
• Distinguishing between bullying and harassment related to protected classes.
• Exploring the legal and ethical responsibilities of HR and management in both the prevention and intervention of bullying and harassment.
• Describing the legal requirement of conducting an Accommodation Meeting.

As workplaces continue to evolve, integrating technology and diverse workforces, new challenges and complexities arise. In this era of rapid digital transformation, issues related to emojis, artificial intelligence (AI), algorithms, and the well-being of vulnerable workers have taken center stage. Employers now face the daunting task of adapting to these changes while ensuring compliance with the latest Equal Employment Opportunity Commission (EEOC) guidelines and court rulings.