We Fight For Employee Rights

EEOC updates guidelines on anti-retaliation protections

On Behalf of | Feb 8, 2022 | Firm News

Residents and businesses of Rhode Island may want to learn more about updates to general anti-retaliation protection for employees by the Equal Employment Opportunity Commission, or EEOC. There was a review of the rights of an employee. Anti-retaliation provisions of the EEOC laws protect current employees and include workers that are part-time, full-time, probationary and temporary as well as former employees and job applicants.

Citizenship does not matter

Protection under the EEOC holds regardless of the citizenship or work authorization of the employee. All employees and former employees receive this protection.

What is retaliation?

This does not include a petty slight, minor annoyance or a trivial punishment. Retaliation would include action by the employer as a response to an activity that has protection under the laws of the EEOC. It might stop an employee from being part of an activity that is under protection, such as requesting accommodation for a disability.

Employees may still receive discipline

Some acts are not considered employer retaliation as the employer may act under legitimate reasons. Discipline that is non-retaliatory and non-discriminatory does not have considered as retaliation.

ADA protection

Employee activity receives protection from retaliation under the Americans With Disability Act. This forbids an employer’s interference with the protected rights of the employee. Asking for reasonable accommodation by the employee is just one example. There can be no retaliation for such a request designed to help employees with disabilities perform their jobs.

Employees may seek more protection against retaliation when they need accommodations for health reasons. Employers should respect their workers’ rights and avoid the added increase of tension that could lead to an interpretation of retaliation.