Bruce’s Summary: Wow, what if you had a guide, although it’s not controlling law, but covering controlling authority in the form of case citations and references to law that would be used by agency investigators, plaintiffs’ attorneys and courts as a guide in evaluating all types of retaliation claims. The author presents just that, a good overview with links to guiding documents for reference such as the August 29, 2016 EEOC’s Enforcement Guidance on Retaliation and Related Issues.
Within the 2016 EEOC’s Enforcement Guidance on Retaliation and Related Issues is a new section entitled, “Examples of Facts That May Defeat a Claim of Retaliation” which speaks for itself. In addition, the guidance offers a list of five suggestions the agency feels will reduce the risk of violations. However, the list is not called “best practices” but “promising practices” because according to the EEOC, “there is not a single best approach for every workplace or circumstance.”
Anyone needing to develop a new or update an existing Anti-Retaliation Policy can use this article and linked documents as reference guides for staying on task. One interesting Guide is on how supervisors should respond if accused of discrimination or harassment. The linked article is entitled, “Retaliation – Making It Personal” and should be incorporated by HR Professionals into their Management Training programs. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.” www.calvin-associates.com