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EEOC Issues Final Guidance on Retaliation

The U.S. Equal Employment Opportunity Commission recently issued final Enforcement Guidance on Retaliation and Related Issues.

The guidance addresses retaliation under each of the laws enforced by EEOC, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act, the Equal Pay Act (EPA) and Title II of the Genetic Information Nondiscrimination Act (GINA). The guidance covers such topics as:

  1. The scope of activity protected by anti-retaliation laws.

  2. Legal analysis applicable to retaliation claims

  3. Remedies available to employees who experience retaliation.

  4. Rules prohibiting an employer from interfering with an employee’s exercise of rights under the ADA.

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