Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: reluctance to testify

Employee’s First Amendment Claim Based on Expressing Reluctance to Testify Allowed to Go To Trial

By Daniel Schwartz on Posted in Litigation

A few days ago, I reported on the summary judgment decision of Tucker v. Journal Register East.  While the case is notable for its discussion of the whether an employee who expresses reluctance to testify has actually "participated" in a protected activity for Title VII purposes, the case also has a discussion of a claim… Continue Reading

Court: Employee’s Firing After Expressing Reluctance to Participate as a Witness in CHRO Hearing May Be Retaliation

By Daniel Schwartz on Posted in CHRO & EEOC, Discrimination & Harassment, Litigation

For retaliation cases, an employee’s active participation in another person’s discrimination case has been viewed, in the past, as the threshold to be a "protected activity" under Title VII’s retaliation clause.  That has been watered down in the Second Circuit in recent years.  A new District Court decision today has concluded that simply expressing a… Continue Reading