Performance Of Regular Job Duties As Protected Activity For Discrimination Claims

Courts across the country have ruled differently regarding what is protected activity by human resources (HR) and equal employment opportunity (EEO) personnel to support a retaliation claim under Title VII. Several courts have held that HR and EEO personnel are not engaged in protected activity if they are simply doing the job they were hired for.

A recent decision by the United States Court of Appeals for the Sixth Circuit, Jackson v Genesee County Road Commission, 2021 WL 2155045 (6th Cir. May 27, 2021), which is recommended for publication, has clarified the scope of protected activity for HR and EEO personnel under the opposition clause of Title VII in the Sixth Circuit. The opposition clause of Title VII makes it unlawful "...for an employer to discriminate against any of its employees...because they have opposed any practice made...unlawful...by Title VII."