TBD | Item 1-A | Retaliation

Title VII of the Civil Rights Act of 1964¹, the Age Discrimination in Employment Act², the Americans with Disabilities Act³, and the Equal Pay Act⁴ prohibit retaliation by an employer, employment agency, or labor organization because an individual has engaged in protected activity. Protected activity consists of the following:

PROTECTED ACTIVITY

(1) opposing a practice made unlawful by one of the employment discrimination statutes (the "opposition" clause); or

(2) filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under the applicable statute (the "participation" clause).

This chapter reaffirms the Commission's policy of ensuring that individuals who oppose unlawful employment discrimination, participate in employment discrimination proceedings, or otherwise assert their rights under the laws enforced by the Commission are protected against retaliation. Voluntary compliance with and effective enforcement of the anti-discrimination statutes depend in large part on the initiative of individuals to oppose employment practices that they reasonably believe to be unlawful, and to file charges of discrimination. If retaliation for such activities were permitted to go unremedied, it would have a chilling effect upon the willingness of individuals to speak out against employment discrimination or to participate in the EEOC's administrative process or other employment discrimination proceedings.

The Commission can sue for temporary or preliminary relief before completing its processing of a retaliation charge if the charging party or the Commission will likely suffer irreparable harm because of the retaliation. The investigator should contact the Regional Attorney early in the investigation if it appears that it may be appropriate to seek such relief.

See Section 8-III A for guidance on the standards for seeking temporary or preliminary relief.

¹ Section 704(a) of Title VII, 42 U.S.C. §2000e-3(a).
² Section 4(d) of the ADEA, 29 U.S.C. §623(d).
³ Section 503(a) of the ADA, 42 U.S.C. §12203(a). Section 503(b) of the ADA, 42 U.S.C. §12203(b), further provides that it is unlawful

"to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter."

⁴ Section 15(a)(3) of the Fair Labor Standards Act (FLSA), 29 U.S.C. §215(a)(3).
⁵ Federal employees are also protected against retaliation under each of the employment discrimination statutes. See, e.g., Hale v. Marsh, 808 F.2d 616, 619(7th Cir. 1986) (recognizing retaliation cause of action for federal employees under Title VII); Bornholdt v. Brady, 869 F.2d 57, 62 (2d Cir. 1989) (recognizing retaliation cause of action for federal employees under ADEA).

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1-A | OVERVIEW

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1-A | OVERVIEW

PROTECTED ACTIVITY

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