One of the most pressing concerns for Human Resources (HR) professionals is whether they are legally protected from retaliation when they report or oppose workplace discrimination, even though addressing such complaints is part of their job duties. The Sixth Circuit’s decision in Jackson v. Genesee County Road Commission, 999 F.3d 333 (6th Cir. 2021), offers critical guidance for HR professionals.
The Case: Jackson v. Genesee County Road Commission
In Jackson, the plaintiff, a county HR director, alleged that he was wrongfully fired for supporting an employee’s racial discrimination complaint and opposing what he believed was unlawful discrimination. The employer argued that Jackson’s retaliation claim was invalid because his job responsibilities included addressing workplace discrimination, and therefore, his opposition was not protected activity under Title VII of the Civil Rights Act of 1964.
The Sixth Circuit rejected this argument and held that HR professionals and other employees whose responsibilities involve addressing discrimination are still entitled to protection under Title VII when they step outside their ordinary job duties to actively oppose discrimination. The court emphasized that simply performing HR duties is not enough to claim retaliation protection, but when HR professionals take a stand beyond their routine responsibilities—such as advocating for an employee’s rights or challenging discriminatory practices within their own organization—they engage in protected activity.
What This Means for HR Professionals
The Jackson ruling clarifies that HR professionals are not automatically disqualified from protection against retaliation under Title VII. However, to be protected, their opposition to discrimination must go beyond merely processing complaints as part of their job.
Key Takeaways:
- HR professionals are protected from retaliation when they take an affirmative stance against discrimination beyond their routine duties.
- Simply investigating or handling complaints as part of an HR role may not qualify as “protected activity.”
- Speaking out against discriminatory practices, supporting employees in filing complaints, or challenging the employer’s actions in a meaningful way can afford HR professionals legal protection under Title VII.
How Employers Should Proceed
Employers should be cautious when disciplining or terminating HR professionals who report or oppose discrimination. Retaliatory actions can lead to significant legal liability under Title VII. Organizations should foster a culture where HR professionals feel empowered to address workplace discrimination without fear of retaliation.
Need Legal Guidance?
If you are an HR professional facing retaliation for opposing discrimination, or an employer looking to ensure compliance with federal and state employment laws, Abney Law is here to help. Contact us today for a consultation and learn more about your rights and obligations under employment law.