On August 29, the U.S. Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Retaliation and Related Issues. The guidance addresses retaliation under each statute enforced by the EEOC, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act, the Equal Pay Act (EPA) and Title II of the Genetic Information Nondiscrimination Act (GINA). It also specifically addresses the "interference" provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights.
Topics explained in the new guidance include:
- The scope of employee activity protected by the law;
- Legal analysis to be used to determine if evidence supports a claim of retaliation;
- Remedies available for retaliation;
- Rules against interference with the exercise of rights under the ADA; and
- Detailed examples of employer actions that may constitute retaliation.
The EEOC also issued two resource documents to accompany the guidance: a question-and-answer document that summarizes the guidance, and a Small Business Fact Sheet.
For more information on the EEOC and the laws it enforces, visit the EEOC’s website and AGC’s Labor and HR Topical Resources webpage. On the AGC webpage, first login as an AGC member to access all resources, then select the primary category “EEO” and the subsequent secondary category.