After two former Drug Enforcement Administration (DEA) employees filed wrongful termination claims, the U.S. 4th Circuit Court of Appeals (which covers North Carolina, South Carolina, and West Virginia employers) recently found their failure to cooperate with the investigation initiated at their own request wasn’t protected activity. Further, their discharge wasn’t unlawful under either Title VII of the Civil Rights Act of 1964 or the Uniformed Services Employment and Reemployment Rights Act (USERRA). The court’s opinion highlights the fact that even if employees have engaged in protected activity, you still have the right to legitimately discipline them for unprotected misconduct.
