The EEOC released new guidance regarding employees’ protection from retaliation at work.
Last week, the EEOC issued new guidance regarding employees’ rights to be protected from retaliation at work. A link to the guidance can be found at the bottom of the page.
What is employment retaliation?
Retaliation at work occurs when an employer takes adverse action because an individuals has engaged, or may engage, in activity related to the laws against discrimination. All of the federal EEO laws, including Title VII, the ADEA, the ADA, the Equal Pay Act, and GINA, prohibit retaliation by employers.
What are the elements of an employment retaliation claim?
Retaliation claims have three elements:
- The individuals must have engaged in a protected activity, which includes participation in the EEO process or opposition to discrimination/harassment;
- Adverse employment action taken by the employer; and
- A causal connection between the protected activity and the adverse action.
What is a protected activity?
Protected activity includes participating in the EEO process or opposing discrimination/harassment. Participation includes raising a claim, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing. On the other hand, opposition includes any activity by which an individual opposes any practice that is unlawful under the anti-discrimination laws.
What is a materially adverse employment action?
There are work-related adverse actions and those which are not work-related. Examples of work-related actions include: denial or promotion, refusal to hire, denial or job benefits, demotion, suspension, discharge, work-related threats, warnings, reprimands, transfers, or negative or lowered evaluations. Examples of not work-related actions include any action that might dissuade a reasonable person from engaging in a protected activity.
Contact our office for a FREE consultation with an Ohio Employment Lawyer if you have questions about retaliation.
If your employer retaliates against you related to your opposition to discrimination/harassment or participation, then you may have a claim for employment retaliation. If you have questions about your rights to be free from retaliation, then you should contact our office today to speak with an Ohio Retaliation Lawyer. You may contact our office for a FREE consultation with an Ohio Retaliation Lawyer by filling out the information below or calling 1-614-949-1181.
For a link to the EEOC’s new guidance in August 2016, check here.