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SCOTUS Order Signals It May Invalidate Some EEOC Harassment Guidelines

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n August, the U.S. Supreme Court upheld an injunction to the Department of Education’s recently issued rule implementing Title IX of the Education Amendments of 1972. Title IX prohibits sex-based discrimination in any school or any other education program that receives funding from the federal government. This order—coupled with its decision overruling Chevron deference—signals the Court may soon invalidate some of the Equal Employment Opportunity Commission’s (EEOC) harassment guidelines under Title VII of the Civil Rights Act of 1964 as they relate to sexual orientation and g

ender identity. EEOC Harassmen

t Guidelines In late April 2024, the EEOC issued new guidelines

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