Supreme Court of the United States

Crawford v. Metropolitan Government of Nashville and Davidson County, Tennessee — Alito, J., concurring

January 26, 2009555 U.S. 271

Summary

Justice Alito concurred in the judgment, agreeing that Title VII protects an employee who testifies in an internal investigation of alleged sexual harassment. He emphasized that the decision should be limited to testimony in internal investigations and analogous active, purposive conduct, and should not resolve whether silent opposition is protected. The concurrence also warned that extending protection to unexpressed opposition could substantially expand retaliation claims.