Making A Big 'Impression' On Employers In 2nd Circuit

Law360, New York (June 6, 2012, 1:11 PM EDT) -- In a recent opinion, Townsend v. Benjamin Enterprises Inc., 09-CV-0197 (2d Cir. May 9, 2012), the U.S. Court of Appeals for the Second Circuit addressed two issues of first impression in the circuit:

Whether there is a viable claim for retaliation under Title VII for participating in an internal investigation prior to any proceeding before the U.S. Equal Employment Opportunity Commission (EEOC); and Whether the Faragher/Ellerth affirmative defense is available to an employer when a senior executive, proxy or alter ego has committed sexual harassment in...
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