On January 21, 2016, the EEOC published new "Proposed Enforcement Guidance on Retaliation and Related Issues."  The public has 30 days  to provide comment and input, after which time it will be published.  No word on whether public comments will impact the proposed guidance.  The new enforcement guidelines will supersede the prior EEOC Compliance Manual Section on Retaliation dated May 1998.  

The proposed guidance is 73 pages long and uses as many as 32 specific examples, as well as 222 footnotes, to illustrate and "clarify" what may or may not be actionable retaliatory conduct. The guidance applies to all statutes the EEOC enforces including Title VII, the Age Discrimination in Employment Act,  the Americans with Disabilities Act,  the Rehabilitation Act, the Equal Pay Act and the Genetic Information Nondiscrimination Act.  The proposed guidance can be found here and the link for comment here.

Perhaps the most useful guidance to employers is the "Best Practices" chapter at the end of the guidance.  The guidance suggests in part a well-written policy against retaliation including user-friendly examples, and providing training to all management on the new policy using examples and scenarios for avoiding problematic situations.

Stay-tuned for Part 2 of "My!  The EEOC has been busy!" where we will discuss the proposed revisions to the annual EEO-1 Report to include pay data and hours worked from employers who are federal contractors, and those large employers with over 100 employees.

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