A lot has changed since the EEOC last updated its stance on retaliation claims 18 years ago. Most notably, retaliation claims have skyrocketed. In fact, the number of retaliation claims filed with the EEOC has increased 119% since 1998. Retaliation claims are so common that they accounted for nearly 45% of all EEOC charges filed in 2015. It is against this backdrop that the EEOC issued its most recent enforcement guidance on retaliation. Here are three big takeaways for employers:
How many times does a business look at employee relationships before terminating that employee? What about discussing with each supervisor whether or not the individual verbally made a complaint about the pay structure or their pay before terminating the individual? Probably never, but after 2011 it must review those issues every time!