Questions Presented
Does the anti-retaliation provision of section 704(a) of Title VII of the 1964 Civil Rights Act protect a worker from being dismissed because she cooperated with her employer's internal investigation of sexual harassment?
Case Updates
Outcome
January 26, 2009
The U.S. Supreme Court ruled that Title VII permits lawsuits for alleged retaliation in response to an employee's participation in an internal probe.
NCLC files amicus brief addressing Title VII retaliation liability as applied to internal investigations
May 16, 2008
NCLC urged the U.S. Supreme Court to rule that Title VII does not permit lawsuits for alleged retaliation in response to an employee’s participation in an internal probe. NCLC argued that Title VII provided a retaliation cause of action only after a charge has been filed with the EEOC. NCLC also argued that cooperation in an employer-initiated investigation was not “overt opposition” to suspected un-lawful employment practices required under Title VII, and therefore the plaintiff has no claim for relief.