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What does Title VII of the Civil Rights Act, as amended, consider a "Protected Activity"?

Ramon Martin • June 14, 2024

Alabama Employment Law Attorney

Title VII of the Civil Rights Act of 1964, as amended, prohibits employment discrimination based on race, color, religion, sex, and national origin. It also includes provisions protecting employees from retaliation for engaging in certain "protected activities." These activities generally fall into two categories:


Opposition to Discriminatory Practices:

  • This includes actions where an employee opposes any practice believed to be unlawful under Title VII. Examples of opposition include:
  • Complaining to a supervisor about discrimination.
  • Threatening to file a discrimination complaint.
  • Picketing in protest of discrimination.
  • Refusing to carry out a discriminatory order.

Participation in Proceedings:

  • This includes activities where an employee participates in an investigation, proceeding, or hearing under Title VII. Examples include:
  • Filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or a state agency.
  • Testifying or assisting in an investigation or litigation regarding discrimination claims.
  • Participating in an internal investigation of alleged discriminatory practices.


These protections are crucial because they ensure that individuals can raise concerns about discrimination and participate in enforcement processes without fear of reprisal from their employers. Retaliation against an individual for engaging in these protected activities is itself a violation of Title VII, even if the original complaint or action is found to be without merit, as long as the individual had a reasonable belief that the conduct was unlawful.


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