TENNESSEE JURY RETURNS $1.5 MILLION AWARD FOR WRONGFUL TERMINATION
Last January, I published an entry addressing the Crawford v. Metropolitan Govt of Nashville decision issued by the Supreme Court. The Supreme Court held that an employee who responded to questions during an internal investigation is protected by the anti-retaliation provisions of Title VII. The Supreme Court remanded the case to the District Court in Nashville, and a trial was held 2 weeks ago. According to an article in the Chicago Tribune on January 25, Crawford was fired in 2003 after more than 30 years with the school district as the result of her cooperation in the investigation. "According to court documents, Crawford told investigators Hughes would ask to see her breasts, grab his crotch saying, "You know what's up", and on one occasion pulled her head to his crotch". Frazier, the HR officer, promised Crawford that she would be protected from retaliation. On the same day Frazier turned in her report on the allegations finding that no action would be taken against Hughes, Frazier sent a letter to the internal audit department informing them of concerns with the operation of Crawford's payroll department. Crawford has been unable to find another job since her termination in 2003, and she lost her house and car. She also claimed that her professional reputation had been damaged, due in part to an article in the local newspaper that quoted Metro officials alleging that she might have embezzled money from the department, although there was never a finding of embezzlement.
Practice pointer. Retaliation can be a very dangerous claim against employers, especially when the facts appear to be as bad as those set out in the Crawford case. HR professionals must recognize the consequences of retaliating against any employee who is involved in a Title VII investigation, whether they are the accused, the accuser, or a witness. Supervisory personnel must also be trained not to retaliate in these situations.
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