U.S. Supreme Court Considers Title VII Protection For Employee Cooperation in Internal Investigations
Kathleen Williams and Corey Perman - Epstein Becker & Green P.C.
March 30, 2009
On October 8, 2008, the United States Supreme Court heard argument in Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee. This case addresses whether employees who cooperate with an internal investigation of alleged sexual harassment, in the absence of an EEOC charge or even an internal complaint, are protected against retaliation under Title VII of the 1964 Civil Rights Act. To the extent the Court were to reverse the underlying Sixth Circuit opinion and broaden the scope of the retaliation provisions under Title VII, there will be an expanded class of employees who will be able to assert a prima facie case of retaliation, as detailed below.
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