The US Equal Employment Opportunity Commission (EEOC) reports that retaliation claims for protected reporting and other protected conduct have overtaken discrimination claims altogether. It’s not that hard to imagine that the only thing your employer hates more than discrimination at work is actually talking about discrimination work. Now, the EEOC has finally issued new retaliation guidance explaining the scope of protected reporting under the federal anti-discrimination laws AND the scope of employment actions that will be considered illegal retaliation.
Since at least 2013, the Michigan’s Unemployment Insurance System has had its computers set on data-mining old claims data, sometimes going back up to six years, to find data discrepancies and automatically issue “Robo-Fraud” determinations against unemployment claimants.
Now, just more than a year after we filed the federal court lawsuit challenging the constitutionality of the state’s unemployment fraud accusations, the UIA is showing the first signs of a break under mounting pressure from multiple quarters. In April, the federal judge hearing the constitutional challenge issued an Order denying the State’s motion to dismiss and clearing the way for the case to move forward. Meanwhile in Lansing, Reforms to the State System are being contemplated in the Michigan Legislature, where attorney David Blanchard testified last week on the impact of the system for Michigan UIA claimants and on the need to strengthen protections.