As previously discussed in this blog, one employment case before the Supreme Court during this term was Crawford v. Metropolitan Government of Nashville and Davidson County Tennessee. Well, yesterday the Court issued its ruling in favor of the employee.
Generally this case asked whether or not the anti-retaliation provision of the 1964 Civil Rights Act extends coverage to an employee who speaks out about discrimination in response to question put to her by her employer during an internal investigation as opposed to the employee actually initiating the complaint. In a unanimous decision the Supreme Court held that the anti-retaliation provision protected the employee in such situations.
This ruling comports with how California courts interpret the protections of the California Fair Employment and Housing Act.
For a more complete examination of the Crawford case and the arguments each side made, look at my earlier blog entry. Additionally, a good discussion of the Supreme Court’s holding can be found here.
--Michael Sachs
