EEOC COVID-19 Technical Assistance Updated With Anti-Retaliation Guidance

The Equal Employment Opportunity Commission (EEOC) COVID-19 Technical Assistance has been updated (as of November 17, 2021) with additional guidance about employer retaliation in pandemic-related employment situations. Topics addressed include:

  • Do job applicants and employees have protections from retaliation for exercising EEO rights in connection with COVID-19?
  • Examples of protected employee activities: filing a charge, complaint or lawsuit; reporting alleged violations to a supervisor; resisting harassment, intervening to protect co-workers from harassment; requesting accommodation a disability or religious belief
  • Who is protected from retaliation?
  • When do retaliation protections apply?
  • When is an employer action based on an employee’s EEO activity serious enough to be unlawful retaliation?
  • Engaging in EEO activity does not prevent discipline of an employee for legitimate, non-retaliatory and non-discriminatory reasons.
  • Protection against employer’s interference with an employee’s exercise of ADA rights