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ARTICLE · 07 SEPTEMBER 2016

The EEOC Issues New Enforcement Guidance On Retaliation

Seyfarth Shaw LLP
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For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing.

United StatesEmployment and HR
Gerald Maatman Jr.
Gerald Maatman Jr.
Joan Casciari
Joan Casciari
Christina Janice
Christina Janice
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Seyfarth Synopsis: For the first time since 1998, the EEOC has updated its enforcement guidance on retaliation claims brought under the various anti-discrimination laws the Commission is charged with enforcing.  Observing that retaliation is now the single largest category of claims presented in its charges, the EEOC's new enforcement guidance advocates expansive interpretations of law to broaden retaliation protections for federal and private sector applicants and employees, creating new burdens on employers who decide to attempt to comply with this new EEOC directive.

Making good on its stated objective to transform itself from a "nationwide law firm" to a "national law enforcement agency,"1 the EEOC on August 29, 2016 issued its new Enforcement Guidance on Retaliation and Related Issues along with a Small Business Fact Sheet.  After a period of public comment on its Proposed Enforcement Guidance on Retaliation, see here, the EEOC has now asserted even

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