Title VII Protected Activities: What Employers Must Safeguard

Written exclusively for Chubbworks

Iron Hill Brewery ("Iron Hill") in Atlanta, Georgia, agreed to pay $115,000 to settle a U.S. Equal Employment Opportunity Commission (EEOC) lawsuit alleging race discrimination and retaliation.

The EEOC sued on behalf of an African-American employee who was disciplined, and then fired, because he reported discrimination against women and Hispanic coworkers. https://www.eeoc.gov/newsroom/iron-hill-brewery-pay-115000-eeoc-race-discrimination-and-retaliation-lawsuit (Jun. 06, 2024).

Commentary and Checklist

According to the EEOC, Iron Hill violated Title VII of the Civil Rights Act of 1964, which prohibits retaliation for engaging in protected activity – in this case, for reporting discrimination against coworkers based on race and sex.

Protected activities recognized by the EEOC under Title VII refer to actions that are safeguarded under federal laws. These activities typically involve asserting one's rights or raising concerns related to discrimination or other unlawful practices in the workplace.

Here are some examples of protected activities recognized by the EEOC:

  1. Opposing Discrimination: Employees have the right to oppose discriminatory practices against themselves or others in the workplace. This includes filing a complaint, speaking out against discriminatory behavior, or participating in an investigation related to discrimination.
  2. Reporting Discrimination: Individuals are protected from retaliation for reporting incidents of discrimination, harassment, or other violations of equal employment laws to their employer, HR department, or government agencies like the EEOC.
  3. Participating in Legal Proceedings: Employees are safeguarded when participating in legal proceedings, such as serving as a witness in a discrimination case or filing a charge of discrimination with the EEOC.
  4. Requesting Accommodations: Asking for reasonable accommodations for disabilities or religious practices is considered a protected activity. Employers are prohibited from retaliating against employees who request such accommodations.
  5. Exercising Rights Under Equal Employment Laws: Employees have the right to exercise their rights under the various federal equal employment opportunity laws without fear of retaliation. This can include, for example, seeking information about their rights, participating in trainings or discussions about discrimination, or inquiring about company policies.
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