Retaliation: Illegal and Bad for Business

"Last year Jesus Serrato Zuniga and Maria Mendez Zuniga, owners of La Iguana restaurant near Corpus Christi, Texas, fired a cook of 13 years, believing the employee had complained to federal authorities and sparked an investigation that uncovered the Zunigas had been shorting their workers to the tune of $25,000.

It’s illegal to retaliate against workers who speak up about not being paid what they are owed. Federal law protects those who file wage complaints with the U.S. Department of Labor and cooperate with its investigations. Unfortunately, many workers face retaliation whether they’ve formally spoken to authorities, or privately complained directly to their employer..."
Retaliation

EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues after Public Input Process

" Today the U.S. Equal Employment Opportunity Commission (EEOC) issued its final Enforcement Guidance on Retaliation and Related Issues, to replace its 1998 Compliance Manual section on retaliation. The guidance also addresses the separate "interference" provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights.

The Commission has also issued two short user-friendly resource documents to accompany the new guidance: a question-and-answer publication that summarizes the guidance document, and a shortSmall Business Fact Sheet that condenses the major points in the guidance in non-legal language.

"Retaliation is asserted in nearly 45 percent of all charges we receive and is the most frequently alleged basis of discrimination," said EEOC Chair Jenny R. Yang. "The examples and promising practices included in the guidance are aimed at assisting all employers reduce the likelihood of retaliation.  The public input provided during the development of this guidance was valuable to the Commission in producing a document to help employers prevent retaliation and to help employees understand their rights."..."

EEOC Retaliation guidance