Stay informed and ready to meet both everyday challenges and long-term planning and policy-making goals, with focused news, practical information, and strategic insights on all HR-related...
Aug. 29 — The EEOC released a final enforcement guidance document on employer retaliation under Title VII of the 1964 Civil Rights Act and other federal anti-bias laws.
The final guidance replaces the section of the Equal Employment Opportunity Commission’s 1998 compliance manual addressing retaliation and follows the agency’s Jan. 21, 2016, publication of a proposed guidance and a June 17, 2015, public meeting at which the EEOC received stakeholder testimony.
The final guidance reflects comments the EEOC received on the proposal from roughly 60 individuals and organizations, the agency said in an Aug. 29 statement. “The public input provided during development of this guidance was valuable to the Commission in producing a document to help employers prevent retaliation and to help employees understand their rights,” EEOC Chair Jenny R. Yang (D) said.
The other laws covered by the final guidance in addition to Title VII are the Age Discrimination in Employment Act, the Rehabilitation Act, the Genetic Information Nondiscrimination Act, the Equal Pay Act and the Americans with Disabilities Act. The guidance also addresses the ADA’s separate “interference” provision, which prohibits employer threats, coercion or similar acts that interfere with a worker’s exercise of ADA rights.
Major topics addressed in the guidance include the scope of protected employee activity under the various laws, the legal test used to analyze the merits of retaliation claims and the remedies available to workers who experience workplace retaliation.
The agency noted that the U.S. Supreme Court has issued seven decisions involving job retaliation since the agency released its 1998 compliance manual.
Retaliation is the most frequently claimed form of employment bias in the charges received by the EEOC, accounting for “nearly 45 percent of all charges,” Yang said. It became the top form of bias cited in EEOC charges against private sector employers in 2009 and the most frequently alleged basis of discrimination against federal workers in 2008.
The agency also issued together with the final guidance a question-and-answer document summarizing the guidance’s major points as well as a fact sheet for small businesses condensing the guidance’s highlights in nonlegal language.
To contact the reporter on this story: Patrick Dorrian in Washington at email@example.com
To contact the editor responsible for this story: Susan J. McGolrick at firstname.lastname@example.org
Text of the guidance is available at https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=, the question-and-answer publication is at https://www.eeoc.gov/laws/guidance/retaliation-qa.cfm?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=, and the Small Business Fact Sheet is at https://www.eeoc.gov/laws/guidance/retaliation-factsheet.cfm?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)