WHAT PER SE EEO REPRISAL?
The EEOC has held that attempting to dissuade an employee from participating in the EEO process is a per se violation of the EEOC’s regulations against interference in the EEO process. Lewis v. U.S. Postal Serv., EEOC Appeal No. 01922440 (Apr. 14, 1994) (attempts by management to dissuade an employee from filing a sexual harassment complaint are “unequivocally prohibited by the regulations…”); Mindy O. v. Dep’t of Homeland Sec., EEOC Appeal No. 0720150010 (Sept. 2, 2016). If you or someone you are resenting experiences this, filing a charge could generate some money for the employee even if the underlying EEO discrimination complaint is a loser. For more details see Deandre Y., v. Terence Emmert, Act’g Sec’y, Navy, EEOC No. 2024004195 (2025)
