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Workforce Management: Slim Workplace Docket Includes Retaliation Case

Denver partner Mary Birk was quoted in an October 6 Workforce Management magazine article, "Slim Workplace Docket Includes Retaliation Case."

According to the article, only a handful of labor cases will be on the U.S. Supreme Court docket in its new term and the one that could affect employers concerns retaliation. The case involves a woman, Vicky Crawford, who alleges she was fired for testifying that the director of employee relations for a local school district (in Nashville, Tennessee), acted inappropriately.

A district and appeals court ruled against Crawford, holding that testifying in an in-house review is not protected by federal law, as would be the case for those participating in an EEOC investigation.

In practice, the EEOC has already been defining testimony in company reviews as protected, said Birk. Besides, it's in the company's best interest to react quickly to discrimination complaints. "Employers are motivated to do internal investigations because internal investigations are part of their affirmative defense in sexual harassment cases," Birk said.