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EEOC Releases Draft Retaliation Guidance

January 25, 2016 /

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On January 21, the U.S. Equal Employment Opportunity Commission ("EEOC") issued a draft guidance entitled, "PROPOSED Enforcement Guidance on Retaliation and Related Issues." The public has 30 days to provide feedback.

The draft guidance, which would replace the EEOC’s 1998 retaliation manual, follows a string of significant opinions (such as Nassar), and a steady increase in the percentage of EEOC charges alleging unlawful retaliation. In 2014 alone, over 42% of all EEOC charges included a retaliation claim.

In its draft, the EEOC defines retaliation, outlines the EEO laws (and provisions) that prohibit retaliation, identifies the elements of retaliation claims, summarizes case law, and provides examples of both lawful and unlawful conduct.

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