Crawford v. Metropolitan Government of Nashville
Issues
Does disclosing sexual harassment for the first time during an employer’s self-initiated internal investigation constitute protected activity under Title VII’s anti-retaliation provision, such that employees who disclose sexual harassment in this way are protected from being demoted or fired for doing so?
Vicky Crawford, a former employee of the Metro School District for Nashville and Davidson County, Tennessee, brought a Title VII anti-retaliation suit against her employers when she was fired from her job after participating in an internal investigation into sexual harassment rumors. During the investigation, Crawford confirmed the rumors by discussing specific incidents of sexual harassment. Crawford was fired shortly after the investigation was completed. Crawford filed a Title VII anti-retaliation suit, which the trial court dismissed at summary judgment. The Sixth Circuit upheld this decision, ruling that Title VII did not extend to employees who had taken part in an employer’s internal investigations but had not themselves instigated Equal Employment Opportunity Commission claims. On appeal to the Supreme Court, the Metropolitan School District claims that a broader reading of the Act would open up employers to countless Title VII claims, which could discourage employers from initiating internal investigations. Crawford contends that declining to extend the provisions of the anti-retaliation clause to employees who merely participate in internal investigations will discourage employees from taking part in such investigations due to the fear of retaliation, which will render such investigations pointless. How the Supreme Court decides the case will determine the scope of Title VII as applied to employee participation in internal investigations as well as what protections Title VII offers to employees and employers alike.
Questions as Framed for the Court by the Parties
Does the anti-retaliation provision of section 704(a) of Title VII of the 1964 Civil Rights Act protect a worker from being dismissed because she cooperated with her employer’s internal investigation of sexual harassment?
In 2002, the Metropolitan Government of Nashville and Davidson County (“Metro”) opened an internal investigation into allegations of sexual harassment against Dr. Gene Hughes (“Hughes”), the employee-relations director for the Metro School District. See Crawford v. Metro. Gov’t of Nashville and Davidson County, Tenn., 211 Fed. Appx.