Human Resource & Labor News
www.agc.orgSeptember 1, 2016 / Issue No. 04-16
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On the Inside
Federal Contracting
Administration Releases Fair Pay & Safe Workplaces Final Rule & Guidance
Posting Requirements
Employers Must Update Two Federal Employment Law Posters
Equal Employment Opportunity
EEOC Issues Enforcement Guidance on Retaliation
AGC Tells OMB that Proposed EEO-1 Report is Overly Burdensome for Construction Employers
Compliance with OFCCP's Veterans and Disabilities Rules Requires Special Consideration from Construction Contractors
HR Education
Construction HR & Training Professionals Gear Up for Industry Conference
Labor Relations
NLRB Rules Temps & Other Supplied Workers may be Organized in Same Unit as Regular Workers
NLRB Allows Carpenters to Proceed with Multiemployer-Based Election in NYC
Court Puts Temporary Hold on AGC-Opposed Persuader Rule and Signals High Potential for Permanent Block
Recruiting
AGC Workforce Survey Shows Contractors Have a Hard Time Finding Qualified Craft Workers
Equal Employment Opportunity
EEOC Issues Enforcement Guidance on Retaliation
 

On August 29, the U.S. Equal Employment Opportunity Commission (EEOC) issued Enforcement Guidance on Retaliation and Related Issues.  The guidance addresses retaliation under each statute enforced by the EEOC, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), Title V of the Americans with Disabilities Act (ADA), Section 501 of the Rehabilitation Act, the Equal Pay Act (EPA) and Title II of the Genetic Information Nondiscrimination Act (GINA).  It also specifically addresses the "interference" provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights. 

Topics explained in the new guidance include:

  • The scope of employee activity protected by the law;
  • Legal analysis to be used to determine if evidence supports a claim of retaliation;
  • Remedies available for retaliation;
  • Rules against interference with the exercise of rights under the ADA; and
  • Detailed examples of employer actions that may constitute retaliation.

The EEOC also issued two resource documents to accompany the guidance: a question-and-answer document that summarizes the guidance, and a Small Business Fact Sheet.

For more information on the EEOC and the laws it enforces, visit the EEOC’s website and AGC’s Labor and HR Topical Resources webpage.  On the AGC webpage, first login as an AGC member to access all resources, then select the primary category “EEO” and the subsequent secondary category.
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