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Retaliation: 462 Clark County School District V. Breeden, 532 U.S. 268 (2001), Rebecca White
Retaliation: 462 Clark County School District V. Breeden, 532 U.S. 268 (2001), Rebecca White
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Clark County School District v. Breeden, to my mind, has always been a sleeper case. A per curiam opinion, it takes up no more than five pages in the US reports, yet when I taught this case to my employment discrimination students, we often would spend a full class period – and sometimes more – on it. Why? Because it presents virtually every issue that can crop up under section 704 of Title VII of the Civil Rights Act of 1964, the statute’s antiretaliation provision.