EEOC Issues Updated, Expansive Guidance On Retaliation Claims

 Claims against a business by an employee or former employee for retaliation under Title VII or other fair employment practices statutes enforced by the EEOC are common and dangerous. In announcing the EEOC's newly released final Enforcement Guidance on Retaliation and Related Issues (Enforcement Guidance), Commission Chair Jenny R. Yang recognized that a retaliation claim is "asserted in nearly 45 percent of all charges we receive and is the most frequently alleged basis of discrimination."

It is all too common to have a situation where the underlying claim of discrimination that was the subject of the initial complaint is without merit, but the retaliation did in fact take place. One reason this occurs is because it is human nature for a manager to be frustrated by an employee who the manager believes falsely accused him of being a racist or sexist, or that is perceived as just stirring up trouble. As such, it is important for employers to be vigilant in taking