In the case of Crawford v. Nashville Metro School District the Court held that an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer internal investigation, is protected from retaliation. Remember, any employee communication regarding employment discrimination virtually always constitutes an “opposition to the activity,” and is thus protected from adverse consequences. According to the unanimous decision, to rule otherwise would have a chilling effect on complainers.
For Facts of the Case, The Court’s Ruling and Lessons Learned, see this article by Worklaw Network attorneys Shawe Rosenthal, LLP.
