Title VII Protection Extended in United States
Supreme Court Ruling Extends Protection from Workplace Retaliation
On January 26, 2009, the United States Supreme Court that Title VII of the Civil Rights Act of 1964 protects employees from retaliation even if they haven’t filed a formal complaint. In the unanimous decision, the nation’s highest court upheld the right of women to file sexual harassment complaints or help the complaints of others without being persecuted by their employers.
The case centered on Vicky Crawford, 30, an employee of the Metropolitan Government of Nashville and Davidson City. After answering questions in the sexual harassment investigation of a director, she and two other women who answered questions were fired. Previous courts have held that because Crawford never filed a claim herself, she had not demonstrated “opposition” to be protected by Title VII.
In a reversal of the decision, the United States Supreme Court held, “The anti-retaliation provision’s protection extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer’s internal investigation. Because ‘oppose’ is undefined by statute, it carries its ordinary dictionary meaning of resisting or contending against. Crawford’s statement is thus covered by the opposition clause, as an ostensibly.”
This decision is important for the successful investigation of sexual harassment claims in the workplace. Those who file the claims are protected from retribution by their employers by Title VII, meaning they cannot be fired or punished for pursuing their complaint. But Crawford was persecuted for assisting in an investigation The Supreme Court’s decision now means those like Crawford who help others deserve the same protection as those who make allegations.
Sexual harassment is a continual problem in the workplace and by protecting those who file claims as well as those who assist it is more likely the allegations can be resolved to the benefit of everyone. According to the Equal Employment Opportunity Commission, 12,510 charges of sexual harassment were made in 2007. In the same year, 11,592 of the charges were resolved and recovered $49.9 million in monetary benefits.
But that does not mean all the cases end beneficially for the complainant. Almost half of sexual harassment claims investigated by the EEOC are found to have “no reasonable cause.” The only way the EEOC or a company can determine whether the allegations are true or false is with cooperation and the only way employees can cooperate is with protection. The Supreme Court’s extension of protection will ensure that those falsely accused can be exonerated and the men and women who are harassed can be protected.
Sexual harassment is not just a women’s issue but a problem that affects all people in the workplace. While sexual harassment claims have declined over the last ten years, there has been a steady rise in complaints by men. In 2007, 16 percent of sexual harassment claims were made by men.
To maintain a workplace where no women or men are harassed, the claims must be able to be processed quickly, efficiently and justly. By protecting those who cooperate with investigations, the Supreme Court has helped everyone to ensure workplaces are continually safe from sexually harassment.
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