M3: Scenario

 Able and Baker are employees at different companies who both participated in theinternal investigation of the employer regarding allegations of sexual harassment. BothAble and Baker lied in response to question asked and both were terminated for lying. 

 Ables employer was conducting an internal investigation pursuant to a strictly personalcomplaint. Bakers employer was conducting an investigation because it had receivednotice that an EEOC charge had been filed. At the time of their terminations, neitherAble or Baker knew that Title VII charges had been filed. 

Does the participation clause protect either employee? Analyze all legal issues