The 2009 Supreme Court’s decision in Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee made a big splash in the world of employment law. The Court expanded the reaches of Title VII’s anti-retaliation provision, holding an employee who participates in an internal investigation of a harassment complaint is protected from retaliation, even if that employee made no complaint of her own. (For an excellent analysis of the case, see Jon Hyman’s post about it at the Ohio Employer’s Law Blog). The plaintiff in the case was essentially thrown a lifeline by the Court and allowed to return to the trial court.
Last month, a jury returned a verdict in her favor. She was awarded 1.5 million dollars. The case’s outcome serves as a reminder that retaliation claims tend to fare very well when they get before a jury. Employers should make sure their supervisors understand their legal obligations in this respect. Not doing so can be a very expensive misstep.
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