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EEOC Issues Proposed Guidance on Retaliation Claims
The Equal Employment Opportunity Commission (EEOC) is almost ready to issue its guidance on retaliation claims. Given the magnitude of these claims, such guidance is overdue. In fiscal year 2015, the EEOC, the federal watchdog for employment discrimination statutes, received 39,757 charges of discrimination asserting retaliation claims. This accounted for 44.5% of all the charges received.
With retaliation claims on the rise and accounting for almost half of the charges filed, the EEOC issued proposed enforcement guidance on retaliation and related issues on Jan. 21, 2016. The public comment period ended on Feb. 24, 2016. It is unclear when the guidance will take final form. Not surprisingly, the guidance is incredibly employee friendly.
The EEOC's guidance declares that retaliation occurs “when an employer unlawfully takes action against an individual in punishment for exercising rights protected by any of the EEO (Equal Employment Opportunity) laws.” EEO laws include anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, and the Genetic Information Non-Discrimination Act of 2008.
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