QUESTION PRESENTED
Section 704(a) of Title VII prohibits an employer from retaliating against an employee because he or she opposed discrimination forbidden by Title VII. The lower courts are divided as to how such anti-retaliation provisions apply to management officials, such as personnel or EEO officials, whose duties include assuring compliance with Title VII or implementing an employer’s anti-discrimination policy.
The question presented is: Are management officials: (1) subject to exclusion from protection under section 704(a) if their actions are within the scope of their official duties (the rule in the Fifth, Eighth, Tenth and Eleventh Circuits), (2) protected under section 704(a) regardless of whether their actions are within the scope of their official duties (the rule in the Sixth and District of Columbia Circuits), or (3) subject to exclusion from protection under section 704(a) if their actions are not within the scope of their official duties (the rule in the Ninth Circuit)
