An employee’s refusal to even discuss settling a discrimination claim may be protected activity, the U.S. Court of Appeals for the Second Circuit has ruled.
The employee asserted that she had pursued discrimination and retaliation claims for years before she declined the employer’s requested meeting and that she later experienced additional retaliation, including termination.
The decision addresses an unusual retaliation issue — whether conduct during an ongoing discrimination dispute, rather than the initial complaint itself, can constitute protected activity.
The Second Circuit concluded that, under the alleged circumstances, an employer could reasonably view the employee’s refusal to participate in settlement discussions as a continuation of her opposition to unlawful discrimination. The court limited its ruling to the specific alleged facts and did not establish a blanket rule that refusing settlement discussions always constitutes protected activity.
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