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EEOC Issues Proposed Guidance on Retaliation Claims

By Robert G. Brody and Katherine M. Bogard
August 01, 2016

The Equal Employment Opportunity Commission (EEOC) is almost ready to issue its guidance on retaliation claims. Given the magnitude of these claims, such guidance is overdue. In fiscal year 2015, the EEOC, the federal watchdog for employment discrimination statutes, received 39,757 charges of discrimination asserting retaliation claims. This accounted for 44.5% of all the charges received.

With retaliation claims on the rise and accounting for almost half of the charges filed, the EEOC issued proposed enforcement guidance on retaliation and related issues on Jan. 21, 2016. The public comment period ended on Feb. 24, 2016. It is unclear when the guidance will take final form. Not surprisingly, the guidance is incredibly employee friendly.

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