Sherman & Howard LLC
USA
July 9 2012
In our last newsletter, we observed that courts have increasingly been restricting retaliation claims, by circumscribing recognized employee "participation" in proceedings under the discrimination laws and employee "opposition" to unlawful discrimination. Another helpful illustration of this trend is Townsend v. Benjamin Enterprises, Inc.[1], where the U.S. Court of Appeals for the Second Circuit recently held that a Human Resources Director who was fired in the middle of her investigation into an internal sexual harassment complaint, allegedly because of her investigation activity, had no claim for retaliatory discharge under Title VII or the New York Human Rights Law. The Second Circuit affirmed the district court's entry of summary judgment in the defendant's favor, ruling the investigation was neither protected "participation" nor protected "opposition."
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