Law Commons^™

The Necessity Of Expanding Protection From Retaliation For Employees Who Complain About Hostile Environment Harassment, Ernest F. Lidge Iii

Ernest F Lidge III

Employees suffering non-tangible harassing workplace conduct face a hazardous “catch-22.” On the one hand, employment discrimination laws impose significant penalties on employees who fail to report such harassing conduct and important policies require the early reporting of harassment. On the other hand, the employment discrimination laws’ anti-retaliation provisions provide spotty and unpredictable protection to employees who complain about non-tangible harassing conduct. Courts protect an employee who complains about harassing conduct only if the court finds that the employee “reasonably believed” that the complained-of conduct violated the employment discrimination laws. Determining whether harassing conduct is a violation of the law is …