USA: Rise in Retaliation Claims Prompts New Equal Employment Opportunity Commission Guidance

“Retaliation” occurs when an employer subjects someone to a detriment for alleging discrimination. In some countries this is labelled “victimisation”. In the article, "USA: Rise in Retaliation Claims Prompts New Equal Employment Opportunity Commission Guidance," featured in Taylor Vinters, Cheryl B. Pinarchick discusses the updated EEOC retaliation guidance.

The elements of a retaliation claim;

• The scope of employee activity protected by the law;
• The legal analysis to be used to determine if evidence supports a claim of retaliation;
• Remedies available for retaliation; and
• Rules against interference with the exercise of rights under Title VII of the Americans with Disabilities Act.

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