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Supreme Court Considers Retaliation Case

Posted by Frank Steinberg | Oct 09, 2008 | 0 Comments

Yesterday the US Supreme Court heard argument in Crawford v. Metropolitan Government of Nashville.   The issue is whether Title VII protects from retaliation employees who participate in an employer's internal sexual harassment investigation, before a formal complaint is made to the EEOC (or by extension to a coordinate state agency such as the New Jersey Division on Civil Rights).  Judging from the tone of the Justices' comments, it looks like the employer is going to lose this one.  A decision will probably take months.

A copy of the transcript is linked here. It's fairly long, but if you have 15 minutes it's easy reading that will give you a nice idea of the good, the bad, and the humorous of arguing before the highest court in the land.  I've personally never argued there, but I have in the NJ Supreme Court, and it's quite an experience.

About the Author

Frank Steinberg

Frank is the founder and principal of Steinberg Law, LLC. A Jersey boy born and bred, he focuses on employment litigation and counseling, business litigation,  and aviation law. Following law school and a clerkship in the federal district court Frank spent his early career with large litigation ...


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