In late August, the Equal Employment Opportunity Commission ("EEOC") published its final guidance on retaliation, the EEOC's first update on the matter since 1998. Retaliation is currently the most common charge that is filed with the EEOC (as of 2015, it made up 44.5% of all charges), so it should come as no surprise that updated guidelines were published. For those not aware, to establish a valid retaliation claim, an employee must show: 1) the employee engaged in protected activity; 2) the employee suffered an adverse action by the employer; and 3) there is a "causal connection" between the protected activity and the adverse action by the employer.
In addition, the EEOC also included a question and answer section and a fact sheet to supplement this update. Even for those readers who do not deal with retaliation issues, this is worth a review.
For a copy of the EEOC's guidance on retaliation: https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm?utm_content=&utm_medium=email&utm_name=&utm_source=govdelivery&utm_term=
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