November 17, 2021, the Department of Labor (“DOL”), National Labor Relations Board (“NLRB”), and Equal Employment Opportunity Commission (“EEOC”) conducted a webinar on Ending Retaliation and Promoting Workers Rights. The webinar is the first component of a “Joint Initiative” devoted to “vigorous enforcement” of laws against retaliation, through closer inter-agency cooperation. The webinar was moderated by EEOC Regional Director Robert Canino and involved over 90 minutes of detailed remarks from Solicitor of Labor Seema Nanda, NLRB General Counsel Jennifer Abruzzo, EEOC Chair Charlotte Burrows and Acting DOL Wage and Hour Division Director Jessica Looman.
During the webinar, it became crystal clear that all of the agencies intend, in the words of DOL Solicitor Seema Nanda to “use all the tools at our disposal to fight retaliation.” The agencies ‘leaders all repeatedly stressed aggressive and immediate use of such enforcement tools as seeking temporary restraining orders, injunctive relief and the broader utilization of “enhanced compliance agreements.” The agencies also expressed a desire to “nip retaliation in the bud” by asserting a broad interpretation of what constitutes retaliation. In addition to termination and disciplinary action, panelists focused on other potential forms of unlawful retaliation, including providing poor references to former employees, false accusations of poor performance, and threats concerning an employee’s immigration status.
While the Joint...
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