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Retaliation

Accommodation and Compliance: Retaliation

Introduction

According to the Equal Employment Opportunity Commission (EEOC) in Enforcement Guidance on Retaliation and Related Issues, retaliation occurs when an employer takes a materially adverse action because an individual has engaged, or may engage, in activity in furtherance of the EEO laws the Commission enforces.

These laws prohibit government or private employers, employment agencies, and labor organizations from retaliating because an individual engaged in “protected activity.” Generally, protected activity consists of either participating in an EEO process or opposing conduct made unlawful by an EEO law. A “materially adverse action” covers any employer action that "might well deter a reasonable employee from complaining about discrimination.”

Situations and Solutions:

The following situations and solutions are real-life examples of accommodations that were made by JAN customers. Because accommodations are made on a case-by-case basis, these examples may not be effective for every workplace but give you an idea about the types of accommodations that are possible.

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