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Ketterer v. Yellow Transportation, Inc.

Certiorari Denied

Petition for certiorari denied on October 1, 2012.

Docket No.11-1361
Op. Below5th Cir.

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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