EEOC’s new retaliation guidance should concern you – and here’s why

by Christian Schappel

It’s about to get easier for employees to cry “retaliation!” 

For the first time since 1998, the EEOC has issued enforcement guidance on what it considers workplace retaliation.

In a 76-page document entitled, “Enforcement Guidance on Retaliation and Related Issues,” the agency outlines the standards it plans to use to prove retaliation under civil rights and anti-discrimination laws.

So far, the guidance is just a proposal (the EEOC’s accepting comments on it until Feb. 24). But make no mistake about it, this is a clear indication of how the agency plans to play ball in this area for years to come.

The game plan

The plan in a nutshell: Make it as easy as possible to find retaliatory intent in every complaint the agency receives from employees.

While the guidance doesn’t make wholesale changes to how the EEOC views and seeks out retaliation, employers will want to pay attention to how it’ll make things easier for employees wishing to pursue retaliation charges.

Here are the specifics in the guidance employers must take note of:

What is retaliation?

The EEOC says a valid retaliation claim must consist of three elements:

Click here for entire article.