The following excerpt is from Kelly v. Howard I. Shapiro & Assocs. Consulting Eng'rs, P.C., Docket No. 12-3489-cv (2nd Cir. 2013):
Similarly, a black police officer who "reported overhearing racial slurs made by [other] police officers against black citizens" had not engaged in protected activity despite "opposing discrimination by co-employees against non-employees" because his "opposition was not directed at an unlawful employment practice of his employer." Wimmer v. Suffolk Cnty. Police Dep't, 176 F.3d
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