A Title VII retaliation claim filed by a U.S. employee against her former employer about racist comments made against two international employees can still be pursued, the U.S. Court of Appeals for the Tenth Circuit ruled Wednesday. 

The majority affirmed Viktorya Reznik’s appeal regarding racial comments made against two employees employed in inContact’s office in Manila, Philippines. The court split 2-1, with the majority holding that although the Title VII protection does not extend to non-U.S. citizens, Reznik can still pursue her complaint.