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Q: I was told retaliation lawsuits are increasing. How do we protect ourselves?

A: The January 2009 U.S. Supreme Court case Crawford v. Nashville gives us both concern that this trend will continue and guidance on avoidance. In Crawford, Nashville allegedly fired employee Crawford for disclosing improper actions of her supervisor when interviewed during an internal investigation of him for harassment. She then sued for retaliation. The Court held that employees who “speak up” during a discrimination investigation are protected from retaliation. Saying it wanted to reinforce “a strong inducement to ferret out and put a stop” to bad acts in the workplace, the Court emphasized the value to all of in-depth investigations aimed at “avoiding harm to employees.” It emphasized that employers will strengthen existing defenses by encouraging their employees to fully cooperate in internal investigations. Protecting employees from retaliation for their cooperation is essential, and good business.