For the first time since 1998, the EEOC has published
updated guidance on workplace retaliation.
Retaliation charges are by far the most common and fastest growing type
of claim filed with the EEOC, comprising nearly 45 percent of all charges it
now receives. Given the surge in retaliation claims and the additional
attention these claims are receiving from the EEOC, employers need to know what
activities are protected from retaliation.
Among other things the new EEOC guidance addresses:
- The
scope of employee activity protected by the laws, which includes
“participation” in the EEO process—by raising a claim, testifying,
assisting or participating in an investigation, proceeding or hearing
under these laws—as well as “opposing” discrimination.
- Examples
of retaliatory actions that would be likely to deter a reasonable person
from engaging in protected activity.
- Guidance
on the ADA’s unique prohibition on “interference” with the exercise of
rights under the law, which is broader than the anti-retaliation provision.
- Best
practices to minimize the likelihood of retaliation violations.
The new guidelines apply to each of the laws enforced by the
EEOC, including Title VII of the Civil Rights Act of 1964, the Age
Discrimination in Employment Act (ADEA), the Americans with Disabilities Act
(ADA), Section 501 of the Rehabilitation Act, the Equal Pay Act (EPA) and Title
II of the Genetic Information Nondiscrimination Act (GINA). Accordingly, the scope of anti-retaliation
laws in the workplace, is very broad.
To prevent your workplace from becoming another statistic in
the significant growth in the number of retaliation claim, or for more
information on how this government agency will analyze claims of retaliation
under its new enforcement guidance, contact Wessels Sherman at (952) 746-1700.
