{ "media_type": "text", "post_content": "As part of customary monitoring of company emails for compliance purposes (healthcare agency), discovered that an employee was using company email to file a charge with the EEOC and had been in regular communication with the investigator using company email. This violates the “acceptable use” policy. But it’s also “protected activity”. Would termination be grounds for retaliation?", "post_id": "61b256e2660284002b8ad5cd", "reply_count": 29, "vote_count": 1, "bowl_id": "552d1d24dc1c586b09d2d052", "bowl_name": "Law", "feed_type": "crowd" }
null

As part of customary monitoring of company emails for compliance purposes (healthcare agency), discovered that an employee was using company email to file a charge with the EEOC and had been in regular communication with the investigator using company email. This violates the “acceptable use” policy. But it’s also “protected activity”. Would termination be grounds for retaliation?

like
Posting as :
works at
You are currently posting as works at

Yes…

likesmart

That's basically textbook retaliation, even if it might *technically* be firing the person for violating company policy otherwise unrelated to the complaint. Unless every non-authorized use is punished with firing, then maybe. But that's highly unlikely.

like

Wait a second! You mean to tell me that this employee can utilize company resources (computer) and company email to have continued correspondence with and send various documents to an EEOC investigator with the aim of creating liability and detriment for the company, and we as her employer must let her use the company resources and email for this purpose (as if she couldn’t do it on her own computer and personal email account) - because to take action for this is unlawful retaliation?? Gtfoh! Surely Title VII doesn’t require this of employers.

Otherwise protected activity in the workplace can be prohibited on company IT systems and are just grounds for termination.

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