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Workers who complain to sexually harassing boss are protected from retaliation, appeals court says

Employees who tell their bosses to stop sexually harassing them are engaging in protected activity and are protected from retaliation, a federal appeals court has ruled.

The decision on Wednesday by the Cincinnati-based 6th U.S. Circuit Court of Appeals creates a circuit split, according to Law360 (sub. req.) and Law.com (sub. req.).

The decision upheld a $1.5 million award to four employees at New Breed Logistics in Memphis who say they were fired after complaining to the harassing warehouse supervisor. Three of the employees were women who say they were harassed and a fourth was a man who complained on their behalf.

The company had argued it shouldn’t be liable because there was no evidence that company higher-ups were aware of the supervisor’s conduct.