2016-09-16 Nearly 45 percent of all charges filed with the United States Equal Employment Opportunity Commission (EEOC) – the federal agency that enforces laws against employment discrimination, harassment, and retaliation – include an allegation of retaliation, making retaliation the most frequently alleged basis of discrimination. Retaliation occurs when an employer takes a materially adverse action because an individual has engaged in, or may engage in, activity in furtherance of the laws that the EEOC enforces. On August 29, 2016, the EEOC published its “Enforcement Guidance on Retaliation and Related Issues”, as well as question-and-answer and small business fact sheets. These documents represent the EEOC’s first comprehensive update of its retaliation enforcement guidance in 18 years, replacing the EEOC’s 1998 compliance manual section on retaliation. The updated guidance stems from recent case law, including seven United States Supreme Court cases issued since the 1998 manual, but is not binding on the courts. Key Take-Away Regarding Protected Activity: Reports Made Unreasonably, or in Bad Faith, Are Protected Protected activity includes participation and opposition. Under the “participation clause,” an individual is protected from retaliation for having made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under an EEO law. The opposition clause protects an employee who has opposed an unlawful practice under an EEO law by, for instance, making an internal complaint of discrimination to the employer. The United States Supreme Court has held that an employee opposing a practice must have a reasonable, good faith belief that the conduct violates an EEO law. However, the Court has not addressed that issue as it relates to participation. The EEOC’s Guidance reinforces its long-standing position that participation is protected regardless of whether an individual has a reasonable, good faith belief that the underlying allegations are, or could become, unlawful conduct…

November 1, 2016

2016-09-16 Nearly 45 percent of all charges filed with the United States Equal Employment Opportunity Commission (EEOC) - the federal agency that enforces laws against employment discrimination, harassment, and retaliation – include an allegation of retaliation, making retaliation the most frequently alleged basis of discrimination. Retaliation occurs when an employer takes a materially adverse action because an individual has engaged in, or may engage in, activity in furtherance of the laws that the EEOC enforces. On August 29, 2016, the EEOC published its “Enforcement Guidance on Retaliation and Related Issues”, as well as question-and-answer and small business fact sheets. These documents represent the EEOC’s first comprehensive update of its retaliation enforcement guidance in 18 years, replacing the EEOC’s 1998 compliance manual section on retaliation. The updated guidance stems from recent case law, including seven United States Supreme Court cases issued since the 1998 manual, but is not binding on the courts. Key Take-Away Regarding Protected Activity: Reports Made Unreasonably, or in Bad Faith, Are Protected Protected activity includes participation and opposition. Under the “participation clause,” an individual is protected from retaliation for having made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under an EEO law. The opposition clause protects an employee who has opposed an unlawful practice under an EEO law by, for instance, making an internal complaint of discrimination to the employer. The United States Supreme Court has held that an employee opposing a practice must have a reasonable, good faith belief that the conduct violates an EEO law. However, the Court has not addressed that issue as it relates to participation. The EEOC’s Guidance reinforces its long-standing position that participation is protected regardless of whether an individual has a reasonable, good faith belief that the underlying allegations are, or could become, unlawful conduct…

 
© 2022 Rubin Fortunato. All rights reserved. Disclaimer | Sitemap
Lisi