1 Analyses of this case by attorneys

  1. What Is Protected Activity Under Title VII (Part 4)

    Oberti/Sullivan LLPMay 8, 2013

    See, e.g., Deravin v. Kerik, 335 F.3d 195, 203 (2d Cir. 2003) (“[C]ourts have consistently recognized [that] the explicit language of § 704(a)’s participation clause is expansive and seemingly contains no limitations.”); Booker v. Brown & Williamson Tobacco Co., 879 F.2d 1304, 1312 (6th Cir. 1989) (noting that “courts have generally granted less protection for opposition than for participation” and that the participation clause offers “exceptionally broad protection”); Sias v. City Demonstration Agency, 588 F.2d 692, 695 (9th Cir. 1978) (stating that the opposition clause serves “a more limited purpose” and is narrower than the participation clause); Pettway v. American Cast Iron Pipe Co., 411 F.2d 998, 1006 n.18 (5th Cir. 1969) (noting that the participation clause provides “exceptionally broad” protection for employees covered by Title VII).The Seventh Circuit Court of Appeals stands out, however, for having arguably merged standards for protection under the two clauses.