U.S. SUPREME COURT WEIGHS IN ON RETALIATION CLAIMS

In an opinion issued on January 26, a unanimous U.S. Supreme Court held that an employee’s mere participation in an internal sexual harassment investigation constitutes protected opposition of discrimination under Title VII and therefore may give rise to a retaliation claim.  That is, an employee may bring a claim for retaliation even if he or she did not initiate the investigation or file a formal complaint -- a significant expansion of an employee’s ability to sue for retaliation.  As a result, employers will likely face more retaliation claims.  It is unclear, however, whether lower courts will extend the new precedent to other forms of “passive” opposition.