A Renewed Focus On Retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) has updated its COVID-19 technical assistance guidance to add a new section, Section M, on retaliation. This update “supports the EEOC’s participation” in a new interagency initiative “to end retaliation against workers who exercise their protected labor and employment law rights.”

The EEOC, the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) announced this new initiative last week, explaining that they will collaborate to “protect workers on issues of unlawful retaliatory conduct, educate the public and engage with employers, business organizations, labor organizations and civil rights groups in the coming year.”

Employers should expect to see a renewed focus on retaliation charges from these agencies in the coming months. Some employers may also see aggressive enforcement mechanisms, such as temporary restraining orders, by these agencies in an attempt to quickly stop retaliation.

As always, employers should remain alert to retaliation in the workplace and be on the look out for its varied forms. This may be a good time to consider training supervisors and managers about retaliation. KZA attorneys are available to assist you with such training, locating resources about retaliation, or responding to claims or allegations of retaliation. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.