What influence did (1997) have on the following?
a) The definition of employee
b) The rate of retaliation claims
c) EEOC policy guidance

Question

Quizplus · Accepted Answer

The Answer is a. In the case Robinson v. Shell Oil, the Supreme Court extended the definition of employee, to include both current employees and former employees. That is, Robinson, extended retaliation claims to former employees.
b. It was presumed by many observers that Robinson increased the rate of subsequent retaliation claims. A closer inspection shows that the causal connection is questionable because retaliation claims were already on the rise prior to the ruling. Based on the statistics from EEOC, the overwhelming majority of retaliation claims were associated with Title VII.
c. After Robinson, the EEOC updated the Compliance Manual to indicate, in no uncertain terms, that it rejects the Ultimate Employment and Adverse Employment standards, and accepts the EEOC Deterrence Standard. On May 20, 1998, the EEOC issued guidance on retaliation in Section 8 of its Compliance Manual, which clearly established EEOC deterrence as the basis for defining a materially adverse action.

What Influence Did (1997) Have on the Following