Employment Law This Week (Episode 41: Week of September 12, 2016) has released bonus footage of its interview with David C. Marden, a Member of the Firm at Epstein Becker Green.
As Mr. Marden discusses, on August 29, 2016, the Equal Employment Opportunity Commission (EEOC) issued new guidance on workplace retaliation. The EEOC’s final guidance on retaliation includes concrete examples of retaliation issues that the courts have largely agreed upon, as well as expanded definitions of “adverse action” and “causal connection.” The guidance also describes “promising practices” for reducing the possibility of retaliation, including anti-retaliation training and proactive follow-up with potential targets. Retaliation has become the most frequent form of employment claim across business sectors. The percentage of EEOC charges in this area has almost doubled since the last guidance was issued.