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Title VII of the Civil Rights Act of 1964 as amended prohibits employment discrimination and retaliation by employers against employees who file claims. Recently, retaliation claims have surpassed all other types of claims made by employees to the Equal Employment Opportunity Commission (EEOC). While the EEOC guidance manual has not permitted employers to avoid claims of retaliation by the employer’s showing that there were other legitimate reasons for adverse action against an employee, the United States Supreme Court, for the second time in 2013, has held that the EEOC’s published guidance is wrong.

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