Legal Update – EEOC Issues Guidance on Retaliation and Interference During the COVID-19 Pandemic

On Oct. 13, 2021, the U.S. Department of Education (DOE) issued new resources aimed at helping schools and other

On Nov. 17, 2021, the Equal Employment Opportunity Commission (EEOC) issued new answers to frequently asked questions (FAQs) about how employers can avoid violating anti-retaliation provisions under federal equal employment opportunity (EEO) laws during the COVID-19 pandemic.

Retaliation and Interference Guidance

Among other things, the new FAQs clarify that:

• Anti-retaliation provisions of federal EEO laws protect not only applicants and current employees but also former employees.
• Unlawful retaliation includes any employer action in response to protected activity that could deter a reasonable person from engaging in protected activity.
• The ADA prohibits not only retaliation for protected EEO activity but also “interference” with an individual’s exercise of ADA rights.

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