On Aug. 29, the U.S. Equal Employment Opportunity Commission (EEOC)
released its final
Enforcement Guidance on Retaliation and Related Issues. The new guidance replaces the EEOC’s 1998 Compliance Manual Section 8: Retaliation.
The final guidance addresses retaliation under the following statutes enforced by EEOC: Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act, the Equal Pay Act and Title II of the Genetic Information Nondiscrimination Act.
The following topics are discussed in the
new guidance:
- Elements of a retaliation claim
- ADA interference provision
- Remedies available for retaliation
- “Promising practices” for preventing retaliation or interference
Additional resources related to the final enforcement guidance: