We’ve already talked about how the EEOC defines the different elements of a retaliation claim. While the Enforcement Guidance offers some clarretaliationlaboremploymentlawnavigator-comification, it also defines those elements very broadly. Many feel that the Enforcement Guidance makes it harder (but it is not impossible) for employers to impose legitimate disciplinary measures on employees who may be under-performing or behaving badly. The burning question now is: How do you do it and steer clear of allegations of retaliation? Funny you should ask that.  The EEOC provides some help there, in the final section of its Enforcement Guidance, entitled Promising Practices, and that’s our topic this week…

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