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The Equal Employment Opportunity Commission
(EEOC) recently issued internal guidelines for investigating and analyzing
claims of retaliation under the statutes enforced by the agency. Title VII
of the Civil Rights Act, the Americans with Disabilities Act, the Age
Discrimination in Employment Act, and the Equal Pay Act prohibit employers
from retaliating against individuals who engage in protected activity
under those laws, including filing charges and testifying, assisting, or
participating in an investigation, proceeding, or hearing.
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The guidance clarifies that prospective,
current, and former employees are protected by the anti-retaliation
provisions. Examples of prohibited retaliation include threats,
reprimands, negative evaluations, and harassment, as well as demotions,
denials of promotion, and refusals to hire. Former employees also can
claim retaliation if their employer gives them unjustified negative
references, refuses to provide references, or informs prospective
employers about their involvement in discrimination claims. Activities
that are not covered by the retaliation provisions include copying
confidential documents, making an overwhelming number of complaints, or
committing illegal acts.
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