New Supreme Court Retaliation Case

Under Title VII of the Civil Rights Act of 1964, an employee can’t be retaliated against for opposing discrimination or harassment or for participating in an investigation about alleged discrimination or harassment. Today, the U.S. Supreme Court unanimously ruled that this means more than some lower courts had thought.

In Crawford v. Metropolitan Government of Nashville and Davidson County , an employee was asked to participate in an ongoing internal sexual harassment investigation. During the investigation, she alleged that she herself had been sexually harassed. A few months later, she was discharged. She claimed she was fired in retaliation for her statements during the investigation and filed suit against her employer.

Both the trial court and the Sixth U.S. Circuit Court of Appeals found that the employee’s conduct wasn’t protected by Title VII. The Sixth Circuit ruled that merely answering questions during the investigation wasn’t enough to constitute opposition to harassment. Further, because the employee hadn’t filed a formal charge with the Equal Employment Opportunity Commission, she hadn’t “participated in an investigation.”

The Supreme Court disagreed, finding that the employee’s participation in the internal investigation was indeed protected opposition to unlawful activity. The fact that she had responded to someone else’s questions, rather than initiating the discussion herself, didn’t change the fact that her statements were made in opposition to sexual harassment in the workplace.

In sending the case back to the lower courts the Supreme Court has once again taken a hard line, pro-employee stance against workplace retaliation. Accordingly, all employers must treat retaliation complaints with extra care. For the full text of this case, visit:

http://www.supremecourtus.gov/opinions/08pdf/06-1595.pdf