EEOC Expands Its View Of Retaliation Charges

The EEOC recently released its Proposed Enforcement Guidance on Retaliation, which is not law, but will shape how the agency investigates retaliation charges going forward.  The report, which replaces the 1998 version, offers a look into the EEOC's expansive view of its jurisdiction.

While the EEOC emphasizes that charges of retaliation "essentially doubled" between FY 1998 and 2014, the report fails to mention that according to the EEOC's own statistics, FY 2014 saw the lowest percentage (2.9%) of "reasonable cause" determinations in that same period.

An employee alleging retaliation must prove that he or she engaged in protected activity, that is, participated in an EEO activity or opposed an unlawful employment practice. The employer must then take an "adverse action" against the individual, who must establish a causal connection between the protected activity and the adverse action.