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ARTICLE · 27 JANUARY 2009

Supreme Court Docket Report - Decision Alert - January 26, 2009

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Title VII of the Civil Rights Act of 1964 prohibits an employer from retaliating against an employee because the employee "has opposed" unlawful workplace race or gender discrimination—commonly known as the "opposition clause"—or because the employee "has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [Title VII]"—commonly known as the "participation clause."

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published January 26, 2009

Keywords: Civil Rights Act, racial discrimination, gender discrimination, Crawford v. Metro., sexual harassment, ERISA, Kennedy v. Plan Administrator for DuPont, retirement benefits, United States v. Eurodif, unfair foreign competition, fair value

Today the Supreme Court issued three decisions, described below, of interest to the business community.

Crawford v. Metro. Gov't of Nashville and Davidson County, Tenn., No. 06-1595 (previously discussed in the January 21, 2008 Docket Report).

Title VII of the Civil Rights Act of 1964 prohibits an employer from retaliating against an employee because the employee "has opposed" unlawful workplace race or gender discrimination—commonly known as the "opposition clause"—or because the employee "has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under [Title VII]"—commonly known as the "participation clause." 42 U.S.C.

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