The U.S. Equal Employment Opportunity Commission (EEOC) issued its final Enforcement Guidance on Retaliation and Related Issues, to replace its 1998 Compliance Manual section on retaliation. The guidance also addresses the separate "interference" provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights. The Commission has also issued two short user-friendly resource documents to accompany the new guidance: a question-and-answer publication that summarizes the guidance document, and a shortSmall Business Fact Sheet that condenses the major points in the guidance in non-legal language. Retaliation is asserted in nearly 45 percent of all charges received by the EEOC and is the most frequently alleged basis of discrimination. The final guidance issued reflects the Commission's consideration of feedback received on the proposal from approximately 60 organizations and individuals representing a wide range of viewpoints. 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. Read more here.
Roman is an attorney in Honolulu, Hawaii. His law practice focuses on employment and labor law litigation, and general civil litigation.