EEOC Proposes Updated Guidance on Retaliation

The EEOC has not issued guidance on retaliation claims since 1998, when it issued a Compliance Manual on Retaliation. Earlier this month, based in large part on the fact that retaliation is the most frequently alleged basis of discrimination in the public and private sectors, the EEOC announced that it was seeking public comment in connection with the issuance of updated guidance on retaliation.  The draft includes detailed information on the elements of a claim for retaliation, citations to recent cases, and best practices for employers. The best practices include: written policies, training, providing “anti-retaliation advice and individualized support for employees, managers and supervisors,” proactive follow-up, and review of “consequential employment actions to ensure EEO compliance.”

The EEOC press release is here:

The draft guidance is here:!docketDetail;D=EEOC-2016-0001





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