The United States Law Week

HR Director’s Bias Report Protected From Retaliation, DOJ Says

Jan. 14, 2021, 11:01 AM

Managers and human resources personnel engage in protected “opposition” conduct under federal law when they investigate and report job discrimination against another worker to their employer, even if such acts are part of their regular work duties, the DOJ will tell the Sixth Circuit Thursday.

A ruling by the appeals court for former Genesee County Road Commission HR director Makini Jackson would apply to private and public employers alike, including the federal government, the nation’s largest employer, the Department of Justice’s Civil Rights Division said in pre-argument briefing. The Equal Employment Opportunity Commission joined the DOJ’s brief.

Jackson did enough...

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