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U.S. Supreme Court rules: Prepare for more retaliation claims

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in Discrimination and Harassment,Employment Law,HR Management,Human Resources

by Ron Chapman Jr., Esq., Ogletree Deakins, Dallas

On Jan. 26, the U.S. Supreme Court once again expanded the ability of employees to sue for retaliation.

With seven justices in agreement (and the remaining two concurring), the court held that an employee who answers a question about a fellow employee’s improper conduct during an internal sexual harassment investigation is engaging in “protected activity” under Title VII of the Civil Rights Act.

As a result, employers will probably face more retaliation claims.

Retaliation against nonvictim?

The case is Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee, No. 06-1595, U.S. Supreme Court, 2009.

Vicky Crawford brought the case. The 30-year employee of the metropolitan government of Nashville claimed she was fired in retaliation for answering an HR officer’s questions about whether she had witnessed another employee engage in “inappropriate b...(register to read more)

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