EEOC’s updated COVID tech assistance includes retaliation

The U.S. Equal Employment Opportunity Commission said Wednesday it has updated its COVID-19 technical assistance to include more information about employer retaliation in pandemic-related employment situations.

The agency said among the key updates, the guidance says job applicants and current and former employees are protected from retaliation by employers for asserting their rights under any of the EEOC-enforced anti-discrimination laws. 

These are Title VII of the Civil Rights Act of 1964, which was amended by the Pregnancy Discrimination Act; the Equal Pay Act of 1963; the Age Discrimination in Employment Act of 1967; the Americans with Disabilities Act of 1990; the Civil Rights Act of 1991; Sections 51 and 505 of the Rehabilitation Act of 1967; and the Genetic Information Nondiscrimination Act of 2008.

Other key updates include that protected activity can take many forms, including filing a discrimination charge; complaining to a supervisor about co-worker harassment; or requesting accommodation of a disability or a religious belief, practice or observance, regardless of whether the request is granted or denied.

The EEOC said the updates also include that the ADA prohibits interference with an individual exercise of rights under the law, in addition to retaliation for protected activity.

The EEOC said in its statement the updated technical assistance supports the EEOC’s participation in an interagency initiative to end retaliation against workers who exercise their protected labor and employment rights.