The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith in updated guidance on retaliation law. The updated guidance stresses the importance of the anti-retaliation provisions in Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act.
Key Takeaways:
- The Equal Employment Opportunity Commission takes an expansive position on protection given to persons who make internal complaints about discrimination in bad faith.
- Retaliation is the most frequently alleged basis of discrimination before the EEOC. Charging parties assert retaliation in almost 45 percent of charges filed with the Commission.
- The EEOC’s updated guidance reiterates that an employee must engage in protected activity to establish a retaliation claim. Historically, protected activity has been divided into two categories: “opposition” and “participation.”
“Employers understand that it is crucial to allow employees to bring complaints of discrimination. To that end, many employers have maintained anonymous hotlines so employees can bring discrimination to the attention of management without identifying themselves.”
