Guidance regarding workplace harassment, involving unwelcome and offensive conduct, reiterates that sex-based discrimination and harassment includes conduct based on race, color, national origin, sex (including sexual orientation, gender identity, and pregnancy-related medical conditions), religion, disability, age (age 40 or older) or genetic information. Also, the guidance extends to harassing conduct outside the workplace, such as a work conferences. The EEOC also clarified that such conduct can include electronic communications using private phones, computers, or social media accounts, to the extent they impact the workplace. The guidance includes examples, such as two employees making racist and offensive jokes about a coworker on a social media service using non-work-related accounts.
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