For employers, there are a lot of things within your control. You can control how to discipline an employee and when to take certain steps including termination. You can control how much severance you offer that employee and whether to offer severance at all. 

But there is one thing that employers can’t control that can

In an unanimous 9-0 decision, the U.S. Supreme Court today ruled Title VII protects workers from retaliation after the employee responds to questions in an internal investigation.  The Court held that Title VII protects those workers who speak out on discrimination during company-ordered investigations, not simply those investigations that arise from an actual discrimination claim. 

The case of 

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