The U.S. Equal Employment Opportunity Commission (“EEOC”) recently announced that it is seeking public input on proposed enforcement guidance addressing retaliation and related issues under federal employment discrimination laws. The draft guidance can be viewed here: EEOC Draft Guidance on Retaliation.
In its proposed guidance, the EEOC outlines the elements of a retaliation claim (including protected activity and adverse action), provides an overview of EEO laws and regulations that prohibit retaliation, discusses the ADA interference provision, summarizes court decisions addressing retaliation claims, and provides “best practices” for employers. Such best practices include (1) adopting written policies, (2) training, (3) providing anti-retaliation advice for employees, managers and supervisors, (4) follow-up, and (5) reviewing consequential employment actions to ensure EEO compliance
The EEOC has provided a 30-day period for the public to provide input on the draft guidance, which ends on February 24, 2016. Such input may be provided using www.regulations.gov in letter, email or memoranda format. Alternatively, hard copies may be mailed to:
Public Input, EEOC
131 M. Street, N.E.
Washington, D.C. 20507
All public input will be posted on www.regulations.gov. The EEOC’s last guidance addressing retaliation was issued in 1998.