Image of Is an employee protected against retaliation for testifying on behalf of a co-worker?

Is an employee protected against retaliation for testifying on behalf of a co-worker?

Yes.  The anti-retaliation provision of Title VII provides broad protection for participation in any manner in a Title VII related proceeding, which encompasses protection for testifying or volunteering to testify on behalf of a co-worker, even if the person is never actually called to testify.  In Jute v. Hamilton Sundstrand Corp., 420 F. 3d 166 (2d Cir. 2005), the Second Circuit held that Title VII protects an employee who planned testify in a co-worker’s discrimination case but was never called to testify because the case settled.  And the Second Circuit has held that retaliation against an employee who involuntarily testified as a witness in a proceeding violates the anti-retaliation provision of Title VII.  See Deravin v. Kerik, 335 F.3d 195, 204 (2d Cir. 2003).

Maryland Washington DC Virginia Discrimination Attorneys

SEC whistleblower lawyers Hiring a proven and effective advocate is critical to obtaining the maximum recovery in an employment discrimination case.  Eric Bachman, Chair of the Firm’s Discrimination Practice, has substantial experience litigating precedent-setting individual and class action discrimination cases.   His wins include a $100 million settlement in a disparate impact Title VII class action and a $16 million class action settlement against a major grocery chain.   As Special Litigation Counsel in the Civil Rights Division of the Department of Justice and as lead or co-counsel in numerous jury trials, Bachman is  a litigator ready to fight for you to obtain the relief that you deserve. 

Bachman writes frequently on employment discrimination issues at the Glass Ceiling Discrimination Blog and has been quoted in national media about discrimination cases.   U.S. News and Best Lawyers® have named Zuckerman Law a Tier 1 firm in Litigation – Labor and Employment in the Washington DC metropolitan area.  Contact us today to find out how we can help you.  To schedule a preliminary consultation, click here or call us at (202) 769-1681 or (202) 262-8959.


Jason Zuckerman, Principal of Zuckerman Law, litigates whistleblower retaliation, qui tam, wrongful discharge, and other employment-related claims. He is rated 10 out of 10 by Avvo, was recognized by Washingtonian magazine as a “Top Whistleblower Lawyer” in 2015 and selected by his peers to be included in The Best Lawyers in America® and in SuperLawyers.