EEOC Retaliation Guidance Update｜hrsimple.com

An hrsimple.com webinar presented by Gilbert Sanchez of the Kemp Smith Law Firm (TX).
On January 21, 2016, the EEOC released proposed changes to its guidance on workplace retaliation. The proposed changes would significantly broaden the definition of retaliation and reflects the EEOC’s aggressive stance against retaliation.
This webinar reviews these changes and discusses the impact on employers and their dealings with employees who engage in a protected activity.

[@lynnjac9731]

Hr is not on the employee's side but the company.

[@priscillagonzalez3143]

I plan to use this argument in my lawsuit. I couldn't complain to HR because my boss was HR. It's ridiculous!

[@michelleconomos283]

Fact!

[@galvanizingtechniques1111]

Big Facts For The Company's Interest Only...

[@lynnjac9731]

​@@priscillagonzalez3143what was the outcome of your case.

[@you_only_have_4000_weeks]

File your paperwork with the EEOC but don't expect crap from them. Gather your evidence and seek out a lawyer and file your claim.

[@wolfiemcqueen647]

No-expect crap from the eeoc! The are a tool for the employer!!!

[@StephaniesKitchen]

Thanks for this explanation of retaliation. I’m being retaliated at my job now because being involved as a witness in a sexual harassment case. This information is very helpful.

[@acedia4453]

USPS is completely exempt from any EEOC laws. They have a legion of 'neutral mediators' they contract around the country which are just like their legion of nurse case workers assigned to their human pack mules once they break down. You need to keep a steady timeline of events and gather as much evidence as possible so that your attorneys can do their thing.

[@terrencemilton5088]

7:40....there you go. What we gonna use in court.

[@jilliebean343]

My Job hadn't fired me but I believe they are making my life so miserable to make me quit. I'm 56 and bullied by other co-worker and HR , supervisor's but no proof. I complained about not being a able to get my train in ng assignments done , they were passing my paper around to all the higher supervisor's.

[@terrencemilton5088]

Thank you.

[@righteousone3987]

What if your Hr doesn't listen and begin to take side. I know of one instance that a co worker was trying to explain there side and a Hr rep got into and argument over what they was trying to tell them

[@fightemploymentdiscriminat9836]

My employer's HR actually threatened to retaliate against me, and told me I didn't understand the ADA. I documented that threat, and they backed off. Turns out I understood the ADA just fine. Employers count on us to make a stupid move or give up. An individual employee can't change that system much, except by winning at EEOC in bigger numbers. Good luck!

[@michaeljackson8807]

Good Luck with the EEOC. Gave them proof with E-mail that employer said the y didn't know about,but did. Got dismissed!!!!!!!!!😎

[@anthonyhardesty1147]

This one won't BELEIVE THAT

[@transfigurationyah4193]

Well explained. Thank you.

[@YAWKENDRICKAFRICA]

Especially the EEOC Norford Virginia office.

[@tangelaharden5813]

If an employer is following the law then frivolous complaints should NOT be an issue!

[@LynethMurray-bu9kb]

Very helpful in my overall understanding of the subject.

[@klewinhicks]

Well done Gilbert. Thnx!

[@fabianmcintyre5901]

Thank your for sharing the information!

[@MrDonnell76]

thank you so much!!!!!!!

[@fightemploymentdiscriminat9836]

Great info! New sub. Retalation is way too common, imo.

[@alexanderchen7656]

My question is to Gilbert. Hope you can answer it. Is it true even if jury failed to convict the employer of the discrimination claim, it can still convict the employer of retaliation? In that case the lawsuit would have to be filed to claim one single adverse employment act was caused by 2 “but for” causes? How does that work? I thought “but for” is only for one cause?

[@markwestjr711]

can anyone answer if the "general corporate knowledge" doctrine applicable in EEOC cases when management says they were not aware of protected activity?

[@tracyking7539]

Do l have to complain to HR before going to EEOC.My HR would try to coverup everything

[@portishoud]

thanks

[@cchester6514]

Can I file a retaliation claim for filing a grievance with the labor board?, or is retaliation only for EEOC discrimination claims? I'm in a situation and need assistance.

[@janeenhobbs6900]

@Ralph Comer does that apply for shipyard female employees mine is something kind of the same

[@kayelucier5639]

Eeoc said my son and roommate couldn't file for 3rd party retaliation..my son didnt get his promotion and my roommate was told he was fired so he didn't come into work and got job abandonment

[@sherryls4999]

I don't see Gilbert responding to any of these comments & he is so obviously on the side of employers, ie he keeps highlighting 'frivolous' lawsuits. I bet he's never been harrassed/bullied at work. No empathy for hard workers who get targeted & hav to work every day in toxic work environments when they r just trying to do there JOBS!

[@dundacat31]

Key Preacher what happened?

[@BlueOriginAire]

@@dundacat31 , Thank you for asking. It helps me to think we all need to share our individual stories. I want to make a platform on my channel where everyone can share and discuss this issue. Thank you again Ms. Lynda

[@pamecortez1026]

Im having the same issues i dont no were to go to for help

[@rayhsieh8761]

Awesome

[@shannon26424able]

I told her! Smh I knew I was right on this topic!

[@Adehead]

After stating I could not wear a mask I was placed in cyber 2020-2021 school year when 2021-2022 sy came around i tried to get accommodations but was refused. I reached out to Superintendent about several issues. Mask efficacy not posting open positions and filling behind the scenes and said while I have your ear if the supervisor has anymore white privilege staff meetings I will walk out because I dont think politics should be part of the work place. Needless to say they refused tele work and only allowed me to take FMLA and an additional four week medical leave to try to preserve my job. When i asked again for accomm they idnored me and followed up with Loudermill hearing action and later fired me. HR new the year before I had medical condition could not breath for a year before they retaliated against me. Also are intentionally blocking UC EEOC was filed 10-2921 when on FMLA

[@claytonsavoy8787]

I filed they said they investigated but they didn’t talk to any of my witnesses they gave me a letter but I couldn’t find a lawyer within the 90 days. I have been retaliated against for the past few years and I don’t think I can do anything about it because of the 90 days.

[@KarmasAbutch]

clayton savoy “we have investigated ourselves and cleared ourselves of any wrongdoing... therefore YOU are our only problem...” *cue retaliation* for years, just like you said. ANti-retaliation laws are just words on a bit of paper , ignored by the very people who wrote the legislation and hold no weight over human behaviour.

[@claytonsavoy8787]

Karmas A Butch it’s definitely a scam. Just to get you to shut up. I think they’re going to get rid of me soon. How dare I stand up for myself

[@KarmasAbutch]

clayton savoy Exactly! It’s all “tokenism”. I followed my employers own disclosure of wrongdoing and reporting practises and ended up being mobbed all the way up to the top until it gave me PTSD. Targets don’t realize that reporting retaliation or harassment or bullying ALSO leaves egg on the faces of the people above you, who would rather turn the other cheek, because it’s not affecting them. Until YOU speak up, now it is. It shines a light on incompetence, and lack of empathy in people with power over you and if you’re really unlucky, one of them will be a true corporate psychopath type, Game Over. I deeply regret reporting workplace bullying... whats ironic is I wasn’t the original target - I sure was after reporting though. As far as I’m concerned, it’s not a real conversation about workplace retaliation until it BEGINS with the point you made in your comment, because that is the truth and most “quick fix” presentations on this topic are insultingly unsophisticated and completely miss this vital point. We need to talk about it to arm and protect targets.

[@portishoud]

i have quastion

[@rayhsieh8761]

How does this apply to Independent Contractors

[@michalnocon1]

same

[@mariakathleen1064]

Is making repeated requests to your supervisor to have your employer provide you with medical treatment for an injury you received on the job included in that broad interpretation of the employee having engaged in a protected activity?

[@amarachealways4880]

Yes if it happens on work on shift

[@mariakathleen1064]

@@amarachealways4880 thanks for reply. So now that I know that, what should my next step be? Do I contact a private lawyer or do I submit a claim with a particular government agency? Or both?

[@opinionatorX]

Can EEOC find both discrimination and retaliation?

[@6878tonirose]

yes if you go to eeoc they will inbvestigate ur complain.

[@latashaleonard6465]

I need you to take my case i am in Houston hit me back thanks

[@lucidreal6653]

What if hr will not take your call?

[@user-gi6ee8vj1y]

Send them emails. Create a paper trail.

[@Zarfilms2007]

Send it Certified mail return receipt paper trail proof of delivery

[@portishoud]

phone nember

[@melussabuscemi7311]

There is no equal at my job, everything about race I'm not black, called reverse discrimination which the city of Cambridge allows

[@portishoud]

hi

[@CFLS95]

🇭🇹🇩🇪

[@portishoud]

thanks