Last week, the U.S. Supreme Court ruled in Crawford v. Metropolitan Government of Nashville and Davidson County that Title VII’s anti-retaliation provision extends to an employee who speaks out about discrimination while answering questions during an employer’s internal investigation.
During the course of an investigation into another employee’s alleged sexual harassment, Metro employee Vicky Crawford was asked if she’d witnessed the employee engage in any inappropriate behavior. She said she had, as did two other Metro employees. Although Metro took no action against the alleged harasser, it fired Crawford and the other two employees who spoke out against him. Crawford then filed a retaliation suit under Title VII.
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Metro argued that Title VII protects only employees who either: (1) initiate a harassment claim, or (2) participate in an investigation following a formal Equal Employment Opportunity Commission (EEOC) complaint.
The U.S. Supreme Court, however, ruled that Title VII’s anti-retaliation provisions cover employees who disclose harassment or discrimination even where the employee does not lodge a formal complaint or is simply responding to questions in an internal investigation. The high court also rejected Metro’s argument that extending anti-retaliation protections to statements made in internal investigations would discourage employers from conducting such investigations.
We’ll have more on this case, and how it can affect your approach to internal investigations, in a future issue of California Employer Advisor. Start your free 7-day trial subscription today and get more retaliation resources for California employers.
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