A three panel bench of the Sixth Circuit Court of Appeals (the federal appellate court which covers Kentucky, Ohio, Tennessee, and Michigan) unanimously decided when an employee tells a supervisor to stop engaging in sexual harassment that employee is engaging in protected activity. Proving protected activity is the first step in establishing a retaliation claim under Title VII. The Sixth Circuit joins the majority of circuits with this ruling, pointing out only the Fifth Circuit holds differently.
EEOC v. New Breed Logistics, No. 13-6250 (6th Cir. Apr. 22, 2015).