Ms. Cruz then slapped the co-worker, who responded by putting her in a headlock. Ms. Cruz filed suit, claiming that her termination was unlawful retaliation against her for defending herself against her co-worker, and claiming that her supervisor had subjected her to a racially and sexually hostile environment. The retaliation claim was dismissed, the appeals court reasoning that slapping one's harasser was not protected activity. She could have and should have left the room and reported the incident to Human Resources. On the hostile environment claim, the court sent the case back for trial.
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