Can you terminate an employee for participating in an internal investigation at your company that is not connected with a formal EEOC proceeding?
Recently, in Townsend v. Benjamin Enterprises, Inc., the Second Circuit joined five other federal appellate courts in answering this question with a “yes.” The Court held that participation in an internal employer investigation not connected with a formal EEOC proceeding is not protected activity under the participation clause contained in Title VII. So, an employee participating in an internal investigation is not protected from being terminated in retaliation for such participation. However, even if such a termination is not unlawful, it is still not a wise or productive decision for any company.
Continue Reading Even Where Retaliation Might Be Lawful, It Is Still Unwise