EEOC Releases New Retaliation Guidance

The Equal Employment Opportunity Commission last week issued new guidance on retaliation, replacing guidelines issued in 1998.

  • By FederalSoup Staff
  • Aug 30, 2016

The Equal Employment Opportunity Commission last week issued new guidance on retaliation, replacing guidelines issued in 1998.

The new Enforcement Guidance on Retaliation and Related Issues also addresses the Americans with Disabilities Act’s “interference” provision, which prohibits coercion, threats or other acts that interfere with the exercise of ADA rights.

“Retaliation is asserted in nearly 45 percent of all charges we receive and is the most frequently alleged basis of discrimination,” said EEOC Chair Jenny Yang. “The examples and promising practices included in the guidance are aimed at assisting all employers reduce the likelihood of retaliation.”

The new document is the final version of proposed guidance EEOC published in January to obtain feedback. The agency said about 60 organizations and individuals provided input on the earlier version.

EEOC said that in the federal sector, retaliation has been the most frequently alleged basis for claims since 2008, and that retaliation findings comprised between 42 percent and 53 percent of all findings of EEO violations from 2009 to 2015.