Participation, Proxy and Payment: The Three Lessons of 'Townsend'

, New York Law Journal


Diane Krebs and Bran C. Noonan of Gordon & Rees review a recent Second Circuit decision where the court held that employees who participate in an internal investigation of discrimination unconnected to a pending EEOC charge are not protected under the "participation" clause of Title VII's anti-retaliation provision, and that a company cannot avoid liability for the conduct of its employee despite the care the employer took to prevent harassing behavior if the employee is in a sufficiently high position.

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