2nd Circuit - Defending Against Charge of Sexual Harassment Can Be Protected Activity

Although hinting that very little should be read into its decision since it was simply reversing the granting of a Motion to Dismiss on the Pleadings, the 2nd Circuit both joined the 11th Circuit in taking a very broad view of the participation clause for protected activity under Title VII, and held that a claim of national origin with the EEOC was also broad enough to cover racial discrimination Deravin v. Kereik (2nd Cir. 7/11/03). Here the plaintiff alleged he had been denied a promotion because of his participation into the investigation of a sexual harassment claim made against him. Noting that there was a difference between punishing him for his "participation" as opposed to the underlying conduct, the Court found that his claim could not be dismissed on the pleadings alone.