Editor's Note :

Editor's Note :

There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29. We will begin live-blogging at this link at 9:45 a.m.
On Tuesday the court hears oral argument in Lee v. United States. Amy Howe has our preview.

Ketterer v. Yellow Transportation, Inc.

Petition for certiorari denied on October 1, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-1361 5th Cir. N/A N/A N/A N/A OT 2012
 
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Issue: Whether, when co-workers harass an employee who engaged in protected conduct on behalf of minority employees, an employer can be liable under Title VII’s broad antiretaliation provision, 42 U.S.C. § 2000e- 3(a), when it knew or should have known about the harassment yet tolerated it by failing to take action (as nearly all the circuits have held) or must the coworker harassment also have been “in furtherance of the employer’s business” (as only the Fifth Circuit has held).

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