Some complaints of sexual harassment aren’t protected at all

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Suppose an employee gets fired after complaining about sexual harassment at work. If that person later claims retaliation, they will have to establish a nexus between the two events, and the complaint also arises to the level of what we call a “protected activity.”

For an internal sexual harassment complaint to qualify as a protected activity, an employee must have a sincere and reasonable belief that they were challenging conduct that violates Title VII of the Civil Rights Act of 1964. Axiomatically, if the complaint is insincere and unreasonable, the plaintiff’s lawsuit will be shorter than a Dallas Cowboys playoff

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