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Employee protected by Title VII if he or she suffers retaliation by the employer after reporting workplace race or gender discrimination

Employee protected by Title VII if he or she suffers retaliation by the employer after reporting workplace race or gender discrimination
Crawford v Metropolitan Government Of Nashville And Davidson County, Tennessee, US Supreme Court, No. 06?1595, decided January 26, 2009

The genesis of this ruling was an internal investigation into rumors of sexual harassment of employees by the Metro School District Employee Relations Director. Vicky S. Crawford told the investigator that the Director had sexually harassed her. The school District did not take any action against the Director but shortly thereafter terminated Crawford for alleged embezzlement, together with two other employees that had told the investigator of incidents of sexual harassment by the Director.

Crawford filed suit under Title VII of the Civil Rights Act of 1964, claiming that Metro was retaliating for her report of the employee relations director?s behavior, in violation of 42 U. S. C. §2000e?3(a), which makes it unlawful ?for an employer to discriminate against any . . . employe[e]? who (1) ?has opposed any practice made an unlawful employment practice by this subchapter?(opposition clause), or (2) ?has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter? (participation clause).

Although both federal district court and the Court of Appeals for the Sixth Circuit granted Metro?s motion for summary judgment, the U.S. Supreme Court reversed.

Justice Souter, writing for the majority, [Justice Alito wrote a concurring opinion] said that ?Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. §2000e et seq. forbids retaliation by employers against employees who report workplace race or gender discrimination.?

Here the question was whether this protection extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer?s internal investigation. The Supreme Court held that it did.

The full text of the decision is posted on the Internet at:
http://www.supremecourtus.gov/opinions/08pdf/06-1595.pdf

Full post as published by New York Public Personnel Law on February 06, 2009 (boomark / email).