White Paper

EEOC Issues Final Retaliation Guidance

 
“On August 29, 2016, the EEOC issued its final Enforcement Guidance on Retaliation and Related Issues (Guidance) to replace its 1998 Compliance Manual section on retaliation, including tips on ADA interference. The Guidance reflects the Commission’s consideration of feedback received on the proposal from about 60 organizations and individuals following a 30-day public input period that ended February 24, 2016. The changes in the Guidance are in line with the EEOC’s efforts to broaden the conduct that would be deemed retaliatory as well as the concept of causation.

Along with the Guidance, the EEOC has issued two accompanying documents: a question-and-answer publication that summarizes the Guidance, and a short Small Business Fact Sheet that condenses the major points in the Guidance. The Guidance also provides “boxed” examples of actual and perceived retaliation that will be of great help to employers and employees.

The Guidance addresses retaliation under each of the statutes enforced by EEOC, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act, the Equal Pay Act (EPA) and Title II of the Genetic Information Nondiscrimination Act (GINA).”

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Nathaniel M. Glasser is a member of the Epstein Becker & Greeen, P.C.’s Employment, Labor & Workforce Management practice, in the Washington, DC, office. He co-leads the Health Employment and Labor (HEAL) strategic industry group. His practice focuses on the representation of leading companies and firms, including those in the health care, financial services, publishing, and media industries, in all areas of labor and employment relations.

Susan Gross Sholinsky is a member of Epstein Becker & Greeen, P.C.’s Employment, Labor & Workforce Management practice, in the New York office. She counsels clients on a variety of matters, in a practical and straightforward manner, with an eye toward reducing the possibility of employment-related claims.

Patricia A. Wheeler is a Senior Counsel in the Employment, Labor & Workforce Management practice, in the New York office of Epstein Becker Green. She advises on the interpretation and application of policies and regulatory, administrative, and employment laws, including the National Labor Relations Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act (ERISA), the Family and Medical Leave Act, and Title VII.

Agenda

Faculty

Susan Gross Sholinsky

Susan Gross Sholinsky

Epstein Becker & Green, P.C.

  • Holds multiple leadership positions within the national law firm of Epstein Becker Green, P.C., including as a member of the Firm’s Board of Directors, as Chair of the Employment, Labor & Workforce Management Steering Committee, and as Vice Chair of the Firm’s Diversity and Professional Development Committee. Susan also serves on the Executive Committee of the Firm’s Women’s Initiative.
  • Serves as New York Co-Chair of 50/50 Women on Boards: Global Conversation on Board Diversity.
  • Serves as a member of the Board of Trustees of the Dalton School.
  • Serves on the Advisory Committee of a New York-Based Private Retail Company.
  • Adjunct Faculty Member at the Cornell University School of Industrial and Labor Relations and speaker at multiple DEI and employment law conferences and events, including The DEI Summit: Diversity Officers & HR Taking Charge, The Deloitte Academy, and Innovation@Work US Virtual Event, hosted by The Economist.
  • Named to Chambers USA: The World’s Leading Lawyers for Business, New York – Labor & Employment (2022-2023), as well as The Legal 500 United States, Workplace and Employment Counseling (2019-2022).
  • Recognized as one of 2020’s Responsible 100 by City & State New York, an award bestowed upon private-sector leaders whose work makes life better in communities in New York City and across the state.
  • Counsels employers nationally on a variety of employment law matters to help them anticipate issues, ensure compliance, and avoid problems under federal, state, and local laws.
  • Can be contacted at [email protected] or (212) 351-4789.

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