Title VII Investigators Beware: 'Silent Opposition'

Law360, New York (February 4, 2009, 12:00 AM EST) -- For the fourth time in two years, the U.S. Supreme Court has interpreted a federal civil rights law to cover a retaliation claim not expressly contained in the applicable statute.

In Crawford v. Metropolitan Government of Nashville, (U.S. S. Ct. No. 06-1595, Jan. 26, 2009), the Supreme Court unanimously concluded that the non-retaliation provisions in the Civil Rights Act of 1964 (also known as Title VII), which prohibit retaliation against employees who “oppose” discrimination, extend to employees whose opposition is limited to responding to questions from...
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