EEOC’s updated COVID-19 technical assistance targets retaliation

The U.S. Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 technical assistance to include a section covering retaliation. The guidance mostly recaps existing protections but also provides some helpful examples of retaliation springing from the coronavirus context. Retaliation is consistently one of the most frequently filed claims with the EEOC and corresponding state antidiscrimination agencies, so you should become familiar with the guidance and keep an eye out for other scenarios that might constitute “protected activity” and retaliation relating to the virus. In addition, read on to learn what else to keep in mind as you continue to navigate workplace issues during the pandemic.

EEOC’s guidance

The EEOC’s updated guidance explains the protections for employees and applicants who believe they have suffered retaliation for engaging in activities protected by federal employment discrimination laws, including the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act of 1964. The guidelines largely echo existing rules and protections, including who is protected from retaliation and what action by the employer may be actionable.

Most helpfully, the guidance gives some specific examples of protected activity tied to COVID-19 issues. They include: