On August 29, 2016, the EEOC released the EEOC Enforcement Guidance for employers on Retaliation and Related Issues. This document supersedes the EEOC Compliance Manual Section 8: Retaliation (1998).
Topics explained in the new guidance include:
The scope of employee activity protected by the law.
Legal analysis to be used to determine if the evidence supports a claim of
Remedies available for retaliation between employer and employee
Rules against interference with the exercise of rights under the ADA.
Examples of employer actions that may constitute retaliation:
The US Supreme Court has issued seven decisions addressing retaliation under EEOC-enforced laws since the 1998 Compliance Manual was issued. The filing of EEOC charges alleging retaliation has continued to grow, and retaliation is now the most frequently alleged basis of discrimination, accounting for 44.5 percent of all charges received by the EEOC in 2015.
Along with the final guidance, the EEOC has issued a Q & A and Small Business Fact Sheet which summarizes the major points in non-legal language.
For more information about the EEOC Enforcement Guidance on Retaliation and Related Issues, please visit ow.ly/nteZ303LN8S
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