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
reluctance to testify
Court: Employee’s Firing After Expressing Reluctance to Participate as a Witness in CHRO Hearing May Be Retaliation
By Daniel Schwartz on
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…