The world of compliance has always been characterized by constant change, and 2024 will be no exception. The year has seen important changes in the law and a shift in enforcement priorities from federal and state regulators. Compliance training leaders need to stay vigilant about the latest developments and their impact on organizations.

For harassment prevention in 2024, I predict we may see a shift on emphasis on sexual harassment prevention to prevention of harassment more broadly. Also, due to a recent Supreme Court decision, we also anticipate a growing focus from employers and employees on religious accommodations.

Shift the Focus From Sexual Harassment to Harassment on Any Basis

In 2024 and beyond, it’s probable that legislatures and regulators will emphasize that harassment prevention goes beyond sexual harassment. With the #MeToo movement of the late 2010’s, states and localities moved to strengthen their sexual harassment laws. For example, in 2018, New York joined the growing list of states that require employers to put in place policies and provide training on sexual harassment prevention. In the same year, California expanded its training requirements, which had previously covered only supervisors, to require training for all employees.

Since that time, regulators in both states as well as those in other jurisdictions like Chicago, have moved to expand what types of harassment need to be addressed in an employer’s sexual harassment policy and training. Many states began to emphasize harassment on the basis of gender identity or expression, in the wake of the Supreme Court’s 2020 decision holding that sex discrimination under Title VII includes gender identity discrimination and the passage of state laws expressly barring this type of harassment. This year, New York updated its model sexual harassment policy to, among other things, include language highlighting that harassment on the basis of any protected characteristic is unlawful.

On the federal level, in September 2023, the EEOC issued proposed enforcement guidance on workplace harassment which notes that while “high-profile” cases often involve harassment based on sex or race, the agency also enforces laws prohibiting harassment on other bases, such as religion, disability and age. The agency’s Strategic Enforcement Plan for 2024 through 2028 emphasizes that discrimination against vulnerable and underserved workers, including LGBTQIA+ individuals, will be an enforcement priority.

Employers should recognize this shift in emphasis and make sure that their policies, processes and training materials respond to it. To minimize legal and reputational risks and to remain compliant, harassment prevention programs need to move from being sexual harassment focused to address all types of workplace harassment. This will provide human resources professionals, managers and employees with the tools they need to spot, report and take corrective action on all types of harassment at work.

Pay Closer Attention to Religious Accommodations Requests

In the years to come, we expect to see more requests for religious accommodation and need to provide those accommodations in more circumstances. In June, the Supreme Court’s holding in “Groff v. DeJoy” made it substantially more difficult for employers to show that a requested religious accommodation is an undue burden, such that the employer need not provide the accommodation. For decades prior, if a requested religious accommodation would result in more than a de minimis cost, that was undue burden and the employer had no obligation to provide the accommodation. In “Groff v. DeJoy,” the court announced a new standard: An employer can show undue burden only if it can demonstrate that a requested accommodation would cause “substantial increased costs” in the context of the employer’s particular business. The court declined to elaborate on what “substantial increased costs” might meet the bar, leaving that to lower courts to decide on a case-by-case basis.

With this ruling, it’s likely that more employees will seek religious accommodations, that employers will need to grant them in more circumstances. What meets the new standard will become clear as cases are decided in lower courts. As such, it is vital that employers provide current and up-to-date information and training to in-house counsel, human resources (HR) staff, managers and employees. Counsel, HR and managers need to know the new legal landscape to avoid mishandling accommodation requests. Letting employees know that the organization takes religious accommodations seriously can reduce the risk that an employee brings a claim for failure to accommodate.

Stay Current to Stay Compliant

The larger lesson here is that it is imperative for employers to keep up with changing laws, regulations and enforcement priorities. EEO compliance programs need to be regularly updated. Policies need to be reviewed and revised and training needs to cover up-to-date information. Simply establishing a policy and providing the same training year to year is not enough. To stay compliant and to minimize legal and reputational risk, harassment prevention programs need to reflect what’s happening now and not what was current five years ago.

While it’s difficult to speculate on the future of compliance since there are always new court decisions and proposals on the horizon, it’s fair to say compliance will not take a backseat in 2024 and neither will harassment. By prioritizing workforce education and compliance training, organizations can proactively navigate the complex and often interconnected challenges of today’s evolving social, regulatory and business landscape.