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6th Circuit weighs in: What makes a bias complaint protected?

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in Discrimination and Harassment,Human Resources

Employees who complain about alleged discrimination are protected from punishment under the so-called opposition clause of Title VII. They are said to engage in protected activity when they report harassment, discrimination or other alleged Title VII violations, or violations of other anti-discrimination laws.

When an employee files such a complaint, that should put the em­­ployer on notice that something may be wrong—something that needs to be investigated.

Instead, some employers shoot the messenger. That kind of retaliation is almost certain to make a bad legal situation worse.

Not every vague allegation, however, amounts to opposition. Neither do false, unreasonable or otherwise bogus complaints.

Here, I am going to discuss another aspect of the opposition clause that can provide additional relief to employers—the specificity of an employee’s opposition to an act of discrimination.

Two incidents, one protected

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