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.

Faculty

Susan Gross Sholinsky

Susan Gross Sholinsky

Epstein Becker & Green, P.C.