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DERAVIN v. KERIK

U.S. Court of Appeals for the Second Circuit

By Straub and Pooler, C.JJ. and Hurd, D.J.*DERAVIN v. KERIK - Appeal from a judgment of the United States District Court for the Southern District of New York (Kimba M. Wood, Judge), granting defendants' motion for judgment on the pleadings.....

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U.S. Court of Appeals for the Second Circuit

By Straub and Pooler, C.JJ. and Hurd, D.J.*DERAVIN v. KERIK – Appeal from a judgment of the United States District Court for the Southern District of New York (Kimba M. Wood, Judge), granting defendants’ motion for judgment on the pleadings as to plaintiff’s Title VII claims. Because we conclude that plaintiff adequately exhausted his race discrimination claim, and also that defending oneself against charges of sexual harassment by testifying in a Title VII proceeding qualifies as “protected activity” under 42 U.S.C. ?§2000e-3(a), we vacate the judgment of the District Court and remand for further proceedings.

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