Jeffrey Pasek, a member of Cozen O'Connor's Labor & Employment department, discusses EEOC's proposed enforcement guidance on retaliation. The U.S. Equal Employment Opportunity Commission (EEOC) recently took its 18-year-old enforcement guidance on retaliation off the shelf, dusted it off, and released a proposed revision on Jan. 21 that pushes the envelope in a few significant ways. The Proposed Enforcement Guidance on Retaliation and Related Issues, which the EEOC says "serves as a reference for commission staff investigating charges alleging retaliation and related issues," reveals some unclear areas of retaliation law that the EEOC would like to see resolved, and employers would be well-advised to pay close attention. If the EEOC has its way, these areas will not be resolved in employers' favor.
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Reprinted with permission from the February 23, 2016 edition of The Legal Intelligencer © 2016 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited, contact 877-257-3382 or reprints@alm.com.