Malicious charges: protected activity or punishable?

The circuit courts are split whether an employer can terminate an employee for making frivolous or malicious accusations of harassment or discrimination without facing liability under Title VII of the 1964 Civil Rights Act (Title VII), with the Seventh Circuit holding that Title VII's participation clause does not protect an employee from being discharged for making frivolous or malicious accusations and the Fifth Circuit holding that any accusations made in the course of an investigation by the Equal Employment Opportunity Commission cannot be a lawful basis for discipline under the participation clause. The Sixth Circuit has also suggested that the protection of the participation clause is absolute, while the Eighth Circuit disagrees. The issue underlying this circuit split is the scope of Title VII's protection of individuals who complain of discrimination or participate in the investigatory process under Title VII.