Seventh Circuit Rules That Employee’s Failure To Report Sex Harassment Dooms Retaliation Claim

An employee claiming unlawful retaliation after being disciplined for failing to report alleged sexual harassment as required under an employer’s sexual harassment prevention policy did not engage in protected activity under Title VII of the Civil Rights Act of 1964, the U.S. Court of Appeals for the Seventh Circuit has ruled. Even if the failure to notify the employer stemmed from the employee’s efforts to gather evidence to ensure that her employer would investigate once notified, her conduct was not protected by Title VII, the court said.