A federal appeals court has upheld a jury verdict of over $1.5 million in the EEOC's lawsuit against a High Point, N.C.-based logistics services provider for sexual harassment and retaliation. The EEOC had charged the company with subjecting three temporary female employees to sexual harassment and retaliation against them for complaining, as well as against a male employee who supported the women's claims.

According to the EEOC's suit, New Breed Logistics unlawfully discriminated against three female workers who were sexually harassed by a New Breed supervisor, and retaliated against them after they objected to his sexual advances. The EEOC also charged that a New Breed supervisor retaliated against a male employee who verbally opposed the supervisor's sexual harassment and supported the women's complaints.

A federal jury in favor of the EEOC, and awarded the discrimination victims $1,513,094.

Today the U.S. Sixth Circuit Court of Appeals upheld the jury finding. The opinion from the Sixth Circuit, on an issue of first impression, clarified the scope of protected activity under the opposition clause of Title VII's retaliation provision.

The Court of Appeals held:

• The opposition clause of Title VII has an "expansive definition" and courts should give "great deference" to the EEOC's interpretation of opposing conduct.
• Applying these standards, "a demand that a supervisor cease his/her harassing conduct constitutes protected activity by Title VII."
• "If an employee demands that his/her supervisor stop engaging in this unlawful practice – i.e., resists or confronts the supervisor's unlawful harassment – the opposition clause's broad language confers protection to this conduct."

A regional attorney for the District Office, said, "In this case the employees verbally complained to the supervisor asking him to stop the harassing behavior on numerous occasions, but their complaints were ignored. Today, the Sixth Circuit affirms that such complaints to the supervisor constitute protected activity under Title VII."