EEOC, NLRB, DOL hold second online discussion on retaliation

On Thursday, February 24, 2022, the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), and the U.S. Department of Labor (DOL) held their second online discussion on their joint initiative to prevent retaliation. Moderated by EEOC Vice Chair Jocelyn Samuels, the agencies discussed how retaliation affects workers, especially vulnerable employees in low-wage jobs or who are immigrants.

DOL Solicitor of Labor Seema Nanda stated the agencies are intent on stopping retaliation as quickly as possible through technical assistance and joint settlements among the agencies, including seeking preliminary injunctions against employers engaging in retaliation. Maia Fisher, Regional DOL Solicitor for New England, has five cases in which she filed for preliminary injunctions and has found that workers subject to retaliation often have claims of wage theft, discrimination, and unsafe conditions as well.

Wage and Hour Division (WHD) Acting Administrator Jessica Loomanand and Regional Administrator Reuben Rosalez noted they are finding cases in which workers who complain about wage theft claim they are being threatened by their employer and by coworkers.

EEOC Chair Charlotte Burrows and EEOC Regional Attorney Mary Jo O’Neill said it was the most vulnerable workers who are most likely subject to retaliation, especially people of color in essential jobs. As people of color are most likely to be fired, they are less willing to challenge their employers, so it is important to indicate these workers can trust the agencies.