The U.S. Equal Employment Opportunity Commission recently proposed changes to the guidance it issues on workplace retaliation, which could drastically expand the definition of retaliation. The proposed changes, the first in nearly 20 years, are intended to update the EEOC Compliance Manual on Retaliation. Although the compliance manual does not have the authority of a regulation or administrative decision, the EEOC’s investigators heavily rely upon it in their examination of employee complaints. The shifting definition of retaliation creates uncertainty for employers in complying with the law, and is a sign of the EEOC’s complainant-friendly philosophy.
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