This week, the U.S. Equal Employment Opportunity Commission (EEOC) released its final
EEOC Enforcement Guidance on Retaliation and Related Issues. It replaces the 1998 Compliance Manual section on retaliation, and is a final version of proposed guidance published in January now that public feedback has been incorporated. One key item that the new guidance addresses is the separate “interference” provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights.
In releasing the documents, the EEOC noted that:
“Retaliation is asserted in nearly 45 percent of all charges we receive and is the most frequently alleged basis of discrimination,” said EEOC Chair Jenny R. Yang. “The examples and promising practices included in the guidance are aimed at assisting all employers reduce the likelihood of retaliation. The public input provided during the development of this guidance was valuable to the Commission in producing a document to help employers prevent retaliation and to help employees understand their rights.”
In addition to the above Guidance, the EEOC offers these related materials:
- Small Business Fact Sheet: Retaliation and Related Issues
- Questions and Answers: Enforcement Guidance on Retaliation and Related Issues
Jon Hyman of Ohio Employer’s Law Blog offers an excellent post on this release: What employers can learn from EEOC’s new Enforcement Guidance on Retaliation