No employer trying to build diversity in its workforce is likely to get very far if its culture tolerates discrimination, harassment, and retaliation against employees based on race, gender, age, disability, or any other characteristic protected by law. Not only does such a culture work against recruitment and retention of diverse talent, it also invites legal trouble. That’s why employers are taking a close look at new guidance from the Equal Employment Opportunity Commission (EEOC) addressing retaliation claims.
The EEOC issued its new guidance on August 29, replacing previous guidance released in 1998. In addition to the guidance document, the EEOC also released a question-and-answer document and a fact sheet for small business. The material from the EEOC follows a surge of retaliation claims in recent years.