The Equal Employment Opportunity Commission (EEOC) has proposed revised enforcement guidance on unlawful workplace retaliation. The proposed guidance will make it easier for employees to assert claims of retaliation, as an employee will only have to establish a “convincing mosaic” of circumstantial evidence to prove retaliation.
All of the laws that the EEOC enforces make it illegal to fire, demote, harass or otherwise “retaliate” against applicants or employees because they complained to their employers about discrimination on the job, filed a charge of discrimination with the EEOC, participated in an employment discrimination proceeding (such as an investigation or lawsuit) or engaged in any other “protected activity” under employment discrimination laws.
When an employee makes a claim of retaliation, there are three essential elements that the employee must be able to demonstrate: READ MORE