How Active Must Protected Activity Be?
A manager called an Arab American employee a rude, vulgar name (nope, I'm not printing it). A coworker, who was also Arab American, asked the manager, “Don’t you know I’m Lebanese?” The manager answered, “I thought you were Mexican.” Sometime thereafter, the coworker was fired by the manager. The employee sued for unlawful retaliation under Title VII of the Civil Rights Act of 1964. Did the employee engage in lawfully protected activity when he defended his coworker and made the comment to the manager?
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