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EEOC Issues Final Guidance on Workplace Retaliation

Posted: August 30, 2016

Today the EEOC issued final guidance on workplace retaliation—the first revision of this policy in 18 years.  The revised guidance expands the scope of protected employee activity to better align with Supreme Court precedent in Crawford v. Metropolitan Government of Nashville and Davidson County, which held that, “'[w]hen an employee communicates to her employer a belief that the employer has engaged in . . . a form of employment discrimination, that communication virtually always constitutes the employee's opposition to the activity.”  555 U.S. 271 (2009).  The Court’s broad interpretation of the retaliation statute to protect those opposing discriminatory practices is now reflected in the EEOC’s guidance on workplace retaliation.  The EEOC has posted a Small Business Fact Sheet and a Q&A document summarizing the changes in workplace retaliation guidance.