SCENARIO
Able and Baker are employees at different companies who both participated in the
internal investigation of the employer regarding allegations of sexual harassment. Both
Able and Baker lied in response to question asked and both were terminated for lying.
Able’s employer was conducting an internal investigation pursuant to a strictly personal
complaint. Baker’s employer was conducting an investigation because it had received
notice that an EEOC charge had been filed. At the time of their terminations, neither
Able or Baker knew that Title VII charges had been filed.
Does the participation clause protect either employee? Analyze all legal issues
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