EEOC Issues Enforcement Guidance on Retaliation


OMA Connections Partner, Dinsmore, reports that allegations of retaliation account for approximately 45% of all charges received by the Equal Employment Opportunity Commission (EEOC), making retaliation the most frequently alleged basis for discrimination. On August 29, 2016, the EEOC issued its final Enforcement Guidance on Retaliation and Related Issues to replace its 1998 Compliance Manual section on retaliation. The EEOC has issued two accompanying documents: a question-and-answer publication that summarizes the guidance, and a Small Business Fact Sheet that condenses the major points in the guidance. Dinsmore summarizes:  “Claims of retaliation show no sign of letting up, so employers are encouraged to review the new Guidance to understand the EEOC’s position on retaliation.”  8/31/2016