generally, “to submit.” Looking only at the language of the statute, we believe that the district court correctly concluded that unwritten, purely verbal complaints are not protected activity. The use of the verb “to file” connotes the use of a writing. Webster’s Ninth New Collegiate Dictionary defines the verb “to file” as 1. to arrange in order for preservation and reference <“file letters” > 2. a: to place among official records as prescribed by law <“file a mortgage”> b: to perform the first act of (as a lawsuit) < “threatened to file charges against him”> This definition accords with what we believe to be the common understanding of the verb “to file.” Although Kasten and the Secretary of Labor claim that “to file” can mean, generally, “to submit,” this seems to us o th Cir.1975) (<HOLDING>). Despite these contrary findings by some other
holding without discussion of the verbalwritten distinction that employees voicing of concern was protected activity holding that the fact that employer had knowledge of the employees protected activity was not sufficient to establish a prima facie case of retaliation where the timing of the discharge was not proximate to the protected activity holding without discussion of the verbalwritten distinction that defendants mistaken belief that plaintiff had made apparently oral complaints to supervisors was grounds for suit holding without discussion of the verbalwritten distinction that plaintiffs oral complaints were protected activity holding without discussion of the verbalwritten distinction that plaintiffs apparently oral complaints to supervisors were protected activity