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

Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
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
Artificial Intelligence Webinar
Making AI Work in Schools: From Experimentation to Purposeful Practice
AI use is expanding in schools. Learn how district leaders can move from experimentation to coordinated, systemwide impact.
Content provided by Frontline Education
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
Student Well-Being & Movement Webinar
Building Resilient Students: Leadership Beyond the Classroom
How can schools build resilient, confident students? Join education leaders to explore new strategies for leadership and well-being.
Content provided by IMG Academy

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 Supreme Court to Consider Whether Catholic Preschools Can Reject LGBTQ+ Families
Catholic preschools say Colorado violated religious rights by excluding them from a state-funded program over admission policies.
2 min read
Image of the Supreme Court in the background, an LGBTQ flag waving, and symbols of wedding rings with a male and female sign incorporated in the ring shapes.
Laura Baker/Education Week + Canva
Law & Courts Opinion Why the Supreme Court’s Ruling on Conversion Therapy Matters for Schools
A recent case puts religiously motivated speech ahead of the well-being of LGBTQ+ youth.
Jonathon E. Sawyer
5 min read
lgbtq student backpack with rainbow spectrum flag on stairs isolated
Education Week + iStock/Getty
Law & Courts Minn. Districts Ask Judge to Restore Immigration Enforcement Limits by Schools
Two districts say the policy change hurt attendance and cost them students.
3 min read
Fridley Superintendent Brenda Lewis speaks during a news conference in February at the Minnesota State Capitol.
Superintendent Brenda Lewis of the Fridley, Minn., school district speaks during a news conference in February 2026 at the Minnesota State Capitol. The Fridley district is one of two Minnesota school districts suing the U.S. Department of Homeland Security in an effort to restore restrictions on immigration enforcement in and near schools.
Carlos Gonzalez/Minnesota Star Tribune via TNS
Law & Courts Birthright Citizenship Case Raises Stakes for Schools and Undocumented Students
Educators are paying close attention to the case on Trump's birthright citizenship order.
10 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House in Washington, Jan. 20, 2025.
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House on Jan. 20, 2025. The order, now before the U.S. Supreme Court, seeks to limit citizenship for some children born in the United States to immigrant parents without permanent legal status.
Evan Vucci/AP