Comparison: Opposition Clause vs Participation Clause

"The FCRA's "opposition clause [protects] employees who have opposed unlawful [employment practices]." Ward v. Ortho Biotech Prods., L.P., No. 6:05-cv-1500-Orl-19KRS, 2007 WL 3379850, at *6 (M.D.Fla. Nov. 14, 2007) (citing Guess v. City of Miramar, 889 So.2d 840, 847 (Fla. 4th DCA 2004)). However, opposition claims usually involve "activities such as `making complaints to management, writing critical letters to customers, protesting against discrimination by industry or by society in general, and expressing support of co-workers who have filed formal charges.'" Cruz v. Coach Stores, Inc., 202 F.3d 560, 566 (2d Cir. 2000) (quoting Sumner v. U.S. Postal Serv., 899 F.2d 203, 209 (2d Cir. 1990))."

Cases involving retaliatory acts committed after the employee has filed a charge with the relevant administrative agency usually arise under the participation clause. E.E.O.C. v. Total Sys. Servs., Inc., 221 F.3d 1171, 1174 (11th Cir. 2000); Croushorn v. Bd. of Trs., 518 F.Supp. 9, 21 (M.D.Tenn. 1980). Accordingly, we will consider Ms. Carter's cause of action as a participation claim rather than as an opposition claim.