Nashville has role in new session of U.S. Supreme Court; sexual harrassment investigations will be affected in case of fired 40-year worker

As the U.S. Supreme Court plans to return to session tomorrow -- the first Monday in October -- much attention will be focused on a case from Nashville.

Its implications on employee protections from internal company investigations, including those on sexual harrassment, will be the center of arguments presented to the court.

The New York Times reports: "After ruling in May that workers are protected from retaliation under two federal civil rights laws that do not explicitly provide such protection, the court will hear arguments on Wednesday in Crawford v. Nashville and Davidson County, No. 06-1595, about whether a law that does prohibit retaliation applies to people who cooperate in internal investigations."

I've researched the case, and it is a fascinating one. But first, remember that the facts of the case have not yet been decided by any court. The issue for the Supreme Court is if the law allows a now former Metro Schools employee to proceed with a lawsuit against the school district as someone under civil rights protections.

The employee was part of a sexual harrassment investigation commenced by the school district of one of its executives. The employee -- a 40-year worker -- says she did not want to participate in the investigation. She claims she was assured there would be no retaliation by Metro attorneys. The employee then went on to note several shocking instants of harrassment.

Remember, the validity of those claims has not been determined by a court.

The Metro investigation did not result in any disciplining of the executive. But, the 40-year employee was fired as were two other female employees who participated in the investigation. However, Metro has said the 40-year employee was fired for wrongdoing not associated with the investigation. Metro has not said anything about the other two women since they have not proceeded legally against Nashville.

The plaintiff in this case has been joined in her case before the Supreme Court by the University of Washington law school. The Bush administration also is arguing on her side.

So the court's ruling will have a profound effect on internal sexual harrassment invesigations by companies and other employers. But as far as the facts in the Nashville case, that remains for a local federal court to determine next year.