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National origin harassment in the work place: recent guideline developments from the EEOC
Employee Relations Law Journal
|March 7, 1983
Summary
The Equal Employment Opportunity Commission (EEOC) updated its national origin harassment guidelines in 1980, clarifying employer liability under Title VII. This analysis reviews EEOC and court decisions to define unlawful conduct and employer responsibilities.
Area of Science:
- Employment Law
- Civil Rights
- Workplace Harassment
Background:
- The Equal Employment Opportunity Commission (EEOC) issued revised Guidelines on Discrimination Because of National Origin in December 1980.
- These guidelines expanded the definition of national origin harassment, classifying it as a violation of Title VII of the Civil Rights Act.
- The EEOC stated that these revisions affirmed its established stance on national origin harassment.
Purpose of the Study:
- To examine the EEOC's position on national origin harassment.
- To analyze EEOC decisions and relevant court rulings in light of the 1980 guidelines.
- To provide employers with guidance on impermissible conduct and potential liability.
Main Methods:
- Review of EEOC decisions issued prior to the 1980 guidelines.
- Analysis of court decisions related to national origin harassment.
- Interpretation of the 1980 EEOC "Guidelines on Discrimination Because of National Origin" as a framework.
Main Results:
- The revised guidelines broadened the scope of what constitutes national origin harassment.
- EEOC decisions prior to the guidelines established precedents for addressing such issues.
- Court decisions offer further clarification on employer liability and prohibited actions.
Conclusions:
- The 1980 EEOC guidelines represent a significant clarification of national origin harassment under Title VII.
- Understanding both EEOC decisions and court interpretations is crucial for employers to avoid liability.
- The expanded definition necessitates a careful review of workplace practices to ensure compliance.