By Labor & Employment

EEOC ISSUES NEW GUIDANCE ON RETALIATION

Since 2009, retaliation has been the most frequently alleged claim in Charges of Discrimination filed with the Equal Employment Opportunity Commission (EEOC). In fact, EEOC Charge statistics show that almost half – 44.5% to be more exact – of all charges filed in 2015 contained a claim of retaliation. Because of the rise of claims of retaliation and several significant court rulings on retaliation, the EEOC issued its Enforcement Guidance on Retaliation and Related Issues on August 25, 2016. The Guidance, which sets forth the EEOC’s interpretation of the law on retaliation, contains a discussion of the general framework of retaliation law and lesser considered issues of retaliation, such as the protection of applicants and former employees from retaliation, how retaliation laws protect third parties close to a complaining employee, and how work-related actions short of discipline and discharge can constitute retaliation. The EEOC’s Guidance can be obtained at https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm. In conjunction with the Guidance, the EEOC also issued a Fact Sheet highlighting the major points from the Guidance which can be obtained at https://www.eeoc.gov/laws/guidance/retaliation-factsheet.cfm.

At Kaufman & Canoles, we are dedicated to keeping our clients informed of important legal changes like these. Join us at our 33rd Annual Employment Law Update on November 17, 2016 at the Virginia Beach Convention Center where representatives from the EEOC will provide attendees with the EEOC’s perspective on this new Guidance. Also, the former Regional Enforcement Coordinator for the DOL Wage-Hour Division will be on-hand to help prepare attendees for the new exemption salary increase set to go into effect December 1, 2016. As always, members of our Employment Team and our guest speakers will be available throughout the day to answer any and all employment law questions. To register or for more information, please visit us here or contact Andrea King at (757) 624-3232.

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