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EEOC Issues Guidance on Retaliation Claims

The Equal Employment Opportunity Commission (EEOC) recently issued internal guidelines for investigating and analyzing claims of retaliation under the statutes enforced by the agency. Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the Equal Pay Act prohibit employers from retaliating against individuals who engage in protected activity under those laws, including filing charges and testifying, assisting, or participating in an investigation, proceeding, or hearing.

The guidance clarifies that prospective, current, and former employees are protected by the anti-retaliation provisions. Examples of prohibited retaliation include threats, reprimands, negative evaluations, and harassment, as well as demotions, denials of promotion, and refusals to hire. Former employees also can claim retaliation if their employer gives them unjustified negative references, refuses to provide references, or informs prospective employers about their involvement in discrimination claims. Activities that are not covered by the retaliation provisions include copying confidential documents, making an overwhelming number of complaints, or committing illegal acts.

 

This article is not intended as legal advice. Readers are encouraged to seek appropriate legal or other professional advice.

 
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