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EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues
posted: Wednesday, September 7th
Fact Sheet and Q&As Also Available
The U.S. Equal Employment Opportunity Commission (EEOC) has issued final Enforcement Guidance on retaliation and related issues.
Background
Federal equal employment opportunity (EEO) laws prohibit employers, employment agencies, or unions from punishing job applicants or employees for asserting their rights to be free from employment discrimination, including harassment.
- Asserting EEO rights is called "protected activity."
- Sometimes there is retaliation before any "protected activity" occurs. For example, an employment policy that discourages the exercise of EEO rights could itself be unlawful.
Protected actions can take many forms, ranging from participating in an EEO complaint process to reasonably opposing discrimination. For example, it is unlawful to retaliate against applicants or employees for (among other things) taking part in an internal or external investigation of employment discrimination, including harassment; filing or being a witness in a charge, complaint, or lawsuit alleging discrimination; or for communicating with a supervisor or manager about employment discrimination, including harassment.
New Guidance
The final Enforcement Guidance addresses retaliation under each of the statutes enforced by the EEOC, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), the Equal Pay Act (EPA) and Title II of the Genetic Information Nondiscrimination Act (GINA). Topics explained in the new guidance include:
- Asserting EEO rights is called "protected activity."
- Sometimes there is retaliation before any "protected activity" occurs. For example, an employment policy that discourages the exercise of EEO rights could itself be unlawful.
The guidance was issued on August 29, 2016. Click here to read the text of the guidance for additional information. A fact sheet and Q&As are also available for review.
