June 2026 marked the 10th anniversary of the EEOC’s Select Task Force on the Study of Harassment in the Workplace Report. Despite the EEOC’s January 2026 decision to rescind its Enforcement Guidance on Harassment in the Workplace, harassment claims continue to proliferate in new and different ways, and legal standards for such claims continue to evolve in courts across the nation. In this legal update, Ogletree Deakins shareholders Scott Kelly (Birmingham) and Nonnie Shivers (Phoenix) will cover relevant harassment case updates and hypotheticals from recent filings and decisions, harassment enforcement activity, and how single instances of harassing behavior may be regarded as sufficient to state a Title VII claim post-Muldrow. They will also provide an update on the legal standards applied to third-party harassment by customers and other non-employees as divisions among federal courts continue to widen.

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