Law & Courts

High Court Sides With Workers Who Cooperate in Probes

By The Associated Press — February 03, 2009 3 min read
  • Save to favorites
  • Print

Workers who cooperate with their employers’ internal investigations of discrimination may not be fired in retaliation for implicating colleagues or superiors, the U.S. Supreme Court ruled unanimously last week.

The justices on Jan. 26 held that a longtime employee of the Metro Nashville school district in Tennessee can pursue a civil rights lawsuit over her firing.

The court voted to reverse a ruling by the U.S. Court of Appeals for the 6th Circuit that the anti-retaliation provision of Title VII of the Civil Rights Act of 1964 does not apply to employees who merely cooperate with an internal probe rather than complain on their own or take part in a formal investigation. (“High Court’s First Week Includes School District Harassment Case,” Oct. 15, 2008.)

The Cincinnati-based court was alone among federal appeals courts in its narrow view of the civil rights law, which was already understood to bar retaliation against people who complained about harassment and other discrimination.

“The question here is whether this protection extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an employer’s internal investigation. We hold that it does,” Justice David Souter said for the high court in ruling on Crawford v. Metropolitan Government of Nashville and Davidson County, Tenn. (Case No. 06-1595).

Vicky Crawford, a payroll specialist for the 75,000-student Metro Nashville district, was fired in 2003 after more than 30 years as an employee of the district.

She did not file a complaint about harassment by a school official. But she said she had been subjected to unwanted sexual advances when she was interviewed by investigators for the school system who were looking into other employees’ allegations against the director of employee relations.

Ms. Crawford related instances in which the official, Gene Hughes, allegedly put his crotch up to her office window and entered her office, grabbed her head, and pulled it to his crotch, Justice Souter said in his opinion.

The school system took no action against Mr. Hughes. Ms. Crawford was fired months later. She filed a federal lawsuit, but it was dismissed by a federal judge and upheld on appeal.

‘Win for Civil Rights’

The Bush administration backed Ms. Crawford in her appeal to the Supreme Court. The local and state affiliates of the National Education Association also backed her case.

Ann Steiner, Ms. Crawford’s lawyer, said the ruling was a “great win for civil rights.”

“It means from this point on, no matter who instigates an investigation or conversation about harassment, if someone communicates that they’ve been harassed, they’ll be protected under the retaliation provisions,” Ms. Steiner said.

The school system and business interests argued in court that if employees like Ms. Crawford were covered by Title VII’s anti-retaliation provisions, employers would refrain from launching internal investigations. The National School Boards Association supported that position.

“The argument is unconvincing,” Justice Souter said. Employers already have strong incentives to “ferret out” discriminatory activity as a way to limit their liability, he said.

The civil rights law’s anti-retaliation section protects employees who complain about, or oppose, discrimination as well as those who participate in formal investigations. The court limited its ruling to the opposition clause and did not pass judgment on whether Ms. Crawford also was protected under the participation clause.

The school system has said that Ms. Crawford was fired over irregularities in her job as payroll coordinator.

The case is being sent back to the appeals court to consider those issues.

A version of this article appeared in the February 04, 2009 edition of Education Week as High Court Sides With Workers Who Cooperate in Probes

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
College & Workforce Readiness Webinar
Smarter Tools, Stronger Outcomes: Empowering CTE Educators With Future-Ready Solutions
Open doors to meaningful, hands-on careers with research-backed insights, ideas, and examples of successful CTE programs.
Content provided by Pearson
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Recalibrating PLCs for Student Growth in the New Year
Get advice from K-12 leaders on resetting your PLCs for spring by utilizing winter assessment data and aligning PLC work with MTSS cycles.
Content provided by Otus
School Climate & Safety Webinar Strategies for Improving School Climate and Safety
Discover strategies that K-12 districts have utilized inside and outside the classroom to establish a positive school climate.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts The Stark Divide in the States Recouping K-12 Grants Cut by Trump's Ed. Dept.
A fifth of lawsuits challenging Trump admin. education policies have come from multistate coalitions.
8 min read
Students sit on bleachers after science, technology, engineering and mathematics activities, facilitated by the Kentucky Science Center, in Simpsonville Elementary School, Nov. 18, 2025, in Simpsonville, Ky.
Students sit on bleachers after STEM activities facilitated by the Kentucky Science Center at Simpsonville Elementary School in Simpsonville, Ky., on Nov. 18, 2025. The school district serving Simpsonville is one of nine in north-central Kentucky that was able to hire new school counselors with the help of a federal grant that the Trump administration terminated last year.
Jon Cherry/AP
Law & Courts Full Appeals Court Signals Openness to Ten Commandments Classroom Laws
The full 5th Circuit seemed sympathetic to unblocking two laws requiring Ten Commandments displays.
5 min read
Ten Commandments Texas 25322117067170
A Ten Commandments poster is seen with boxes of others before they were delivered to local public schools in New Braunfels, Texas, on Monday, Nov. 17, 2025. A federal appeals court appears open to reviving blocked Ten Commandments school laws in Louisiana and Texas.
AP Photo/Eric Gay
Law & Courts Parents Ask Supreme Court to Restore Ruling on Gender Disclosure
Parents asked the U.S. Supreme Court to intervene over school gender-identity policies in California.
4 min read
A group of California parents has asked the nation's highest court to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity and social transitions by their children. The Supreme Court building is seen on Jan. 13, 2026, in Washington.
A group of California parents has asked the nation's highest court, whose building is shown on Jan. 13, 2026, to reinstate a federal district court decision that said parents have a federal constitutional right to be informed by schools of any gender nonconformity or social transition by their children.
Julia Demaree Nikhinson/AP
Law & Courts Supreme Court Signals Support for State Bans on Trans Girls in Sports
The U.S. Supreme Court weighed Idaho and West Virginia laws that bar transgender girls from sports.
7 min read
Becky Pepper-Jackson holds hands with her mother Heather Jackson outside the Supreme Court after arguments over state laws barring transgender girls and women from playing on school athletic teams on Jan. 13, 2026, in Washington.
Becky Pepper-Jackson holds hands with her mother, Heather Jackson, outside the U.S. Supreme Court after arguments over state laws barring transgender girls and women from playing on female athletic teams on Jan. 13, 2026, in Washington.
Julia Demaree Nikhinson/AP