Implications Of Crawford And A Broader Title VII

Law360, New York (November 11, 2008, 12:00 AM EST) -- The Supreme Court may decide, in yet another employment case, that the anti-retaliation provisions of Title VII extend to witnesses interviewed in the course of internal investigations into sexual harassment.

Even though many employers already have broad policies and mechanisms in place to guard against retaliation, a decision in Crawford that would extend retaliation claims to witnesses who have not actively come forward and who have not participated in any proceedings under Title VII will be of substantial significance to employers.

On Oct. 8, 2008, the...
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