The Supreme Court Reaffirms Retaliation Protections for the Third Time
In its third case on retaliation in as many years, the United States Supreme Court has reemphasized the importance of employers investigating complaints of harassment and discrimination, and protecting individuals from retaliation.1 Earlier this week, the Court unanimously held that witnesses who report harassing behavior in internal investigations, even if they are not the original reporters of the alleged wrong-doing, are protected by Title VII’s antiretaliation provision.
The City of Nashville had heard rumors that (ironically) its Employee Relations Director had engaged in sexually harassing behavior. When interviewed in the City’s internal investigation, plaintiff Crawford confirmed that the Employee Relations Director had behaved inappropriately, including grabbing his crotch while making a sexually suggestive comment, repeatedly putting his crotch up to her office window, and grabbing her head and pulling it to his crotch. Two other employees reported he had engaged in similar behaviors. The City took no action against the Employee Relations Director; it did, however, fire all three of the witnesses, supposedly for unrelated reasons, shortly after concluding the investigation. After filing her EEOC charge, Crawford sued, claiming retaliatory termination. Read more ...
