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ARTICLE · 26 OCTOBER 2017

Methinks Thou Doth Protest Too Much! FYI, Only 'Reasonable' Opposition Is Protected

It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment.

United StatesEmployment and HR

It seems that every day the news is full of stories about employees (whether they are NFL players or Hollywood starlets) protesting unfair treatment. Usually, when an employee complains about discrimination, harassment, equal pay, or other work-related topics, he or she is protected from discipline or termination because the conduct is considered "protected activity" under Title VII of the Civil Rights Act of 1964 and a myriad of other federal and state employment laws.

Under limited circumstances, however, an employee's protests may cross the line from protected opposition to unprotected disruption. Specifically, an employee who engages in loud, unreasonable, and disruptive protests at work, even though the action is borne out of an attempt to protest alleged unfair treatment or discrimination, isn't protected by Title VII. Rather, only reasonable opposition and reasonable protests are considered protected activity.

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