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ARTICLE · 20 MARCH 2024

Is Complaining About A Hostile Work Environment Enough To Support A Retaliation Claim? Maybe. Maybe Not.

Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against employees who oppose a practice that Title VII forbids...

United StatesEmployment and HR

(At least I didn't say, "It depends.")

Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against employees who oppose a practice that Title VII forbids, such as discrimination or fostering a hostile work environment based on race, color, national origin, sex, or religion.

An internal complaint will generally suffice as a form of opposition activity, provided it is directed at "an unlawful employment practice" under Title VII. While courts give plaintiffs plenty of latitude here—Title VII covers both actually unlawful employment actions and those the employee reasonably believes to be unlawful—there are logical limits.

I'll give you an example involving claims of discrimination because of sex.

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