Just days before its proposed rule on changes to its EEO-1 form and reporting requirements, on January 21, 2016, the EEOC released proposed changes to its Retaliation Enforcement Guidance. While this document does not carry the force or weight of regulations or statutes, it can guide a court’s reasoning. This 76-page document purports to summarize the law of retaliation and provide its investigators with information to help them conduct and complete their investigations.
The previous guidance had not been updated since 1998. Since that time retaliation claims have exploded, roughly doubling as a percentage of all EEOC claims made. “Nearly 43 percent of all private sector charges filed in fiscal year 2014 included retaliation claims. In the federal sector, retaliation has been the most frequently alleged basis since 2008, and retaliation violations comprised 53 percent of all violations found in the federal sector in fiscal year 2015.”
If you’re low on Sominex® and want to find out what the EEOC is up to once again, give the new guidance a read. I know I will. The period for public comment closes on February 24, 2016. Let me know if you have any questions.