Legal Alert: Supreme Court Clarifies Scope of Title VII Retaliation Prohibition

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On January 26, 2009, the U.S. Supreme Court held that an employee who discloses information about discriminatory conduct in response to questions that are part of an employer's internal investigation is protected by the "opposition clause" of Title VII's prohibition on retaliation. See Crawford v. Metropolitan Government of Nashville (1/26/09). In reaching this decision, the Supreme Court rejected the Sixth Circuit's determination answering questions during an internal investigation was not the type of "active" opposition to unlawful conduct protected by Title VII.

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