Crawford v. Nashville and Davidson County, TN (2008)
- Docket
- 06-1595
- Decided
- 2008-01-01
Summary
Question: Does the anti-retaliation provision of Title VII of the Civil Rights Act apply to employees fired for participating in an internal investigation of sexual harassment? Conclusion: Yes. In a unanimous decision with Justice David H. Souter writing for the majority and joined by Chief Justice John G. Roberts, Justice John Paul Stevens, Justice Antonin G. Scalia, Justice Anthony M. Kennedy, Justice Ruth Bader Ginsburg, and Justice Stephen G. Breyer, the Supreme Court reversed the U.S. Court of Appeals for the Sixth Circuit. It held that the anti-retaliation provision of Title VII extends to people who speak out, not just on their own initiative, but when prompted by an employer's internal investigation. The Court reasoned that the plain meaning of the statute includes people who "oppose" sexually obnoxious behavior by merely disclosing the violation and need not initiate the disclosure. Justice Samuel A. Alito filed a separate concurring opinion and was joined by Justice Clarence Thomas. Justice Alito noted that, while not addressed in the majority opinion, the plain meaning of "oppose" should not include "silent opposition." He argued it would open the door to plaintiffs who never expressed opposition to their employers, thus raising difficult factual determinations at trial.