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Employee sends spouse to voice harassment complaint: Is that ‘protected’ activity?

11/24/2015

Employees who complain to HR or management about alleged discrimination or harassment are engaging in protected activity and can’t be punished for complaining. But what if the employee can’t summon the courage to complain and, instead, sends someone else? Is sending a spokesperson to complain also protected activity? A federal court says “yes,” at least when it’s the employee’s spouse who takes action.

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