Sometimes, timing is everything. That’s certainly true when it comes to employer investigations into employee discrimination complaints.
The 7th Circuit, which covers Illinois, has held that employees who participate in employer internal investigations before administrative charges or lawsuits have been filed are not protected from retaliation. It’s different, however, after such charges have been filed.
In Gomez v. Restaurant One Limited Partnership, d/b/a Spiaggia Restaurant and Café, (No. 10 C 1850, ND IL, 2012), the Northern District of Illinois considered for the first time whether an employee who participates in an employer’s internal investigation after an EEOC charge or Title VII lawsuit has been filed is protected from retaliation.
The answer: He is.
After investigation, a change
Jose Gomez worked as a cheese steward at Spiaggia in Chicago’s Gold Coast neighborhood.
In January 2008, Gomez participated in Spiaggia’...(register to read more)