For the first time in over eighteen years, the Equal Employment Opportunity Commission (EEOC) has updated its retaliation enforcement procedures. In August of 2016, the EEOC issued the EEOC Enforcement Guidance on Retaliation and Related Issues, replacing the 1998 Compliance Manual. The new guidance addresses retaliation under each of the statutes enforced by the EEOC, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and Title V of the Americans with Disabilities Act (ADA), among others.
In 2015, forty-five (45%) percent of all EEOC charges included retaliation claims. Since retaliation is the most frequent alleged basis for discrimination, employers are advised to reexamine their employment handbooks and consider the new EEOC Guidance. The Guidance includes detailed examples of employer actions that may constitute retaliation, legal analysis to determine if evidence supports a claim of retaliation, scope of employee activity protected by law, and available remedies for retaliation.
Tristan & Cervantes has provided counsel to numerous employers regarding employment related issues and can advise you on retaliation claims. For further information regarding the EEOC Guidance, see https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm and the Fact Sheet https://www.eeoc.gov/laws/guidance/retaliation-factsheet.cfm
