Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Crawford

Scholarly Works

Publication Year

Articles 1 - 2 of 2

Full-Text Articles in Law

Employment Retaliation And The Accident Of Text, Alex B. Long Jan 2011

Employment Retaliation And The Accident Of Text, Alex B. Long

Scholarly Works

This Article explores the current and future landscape of employment retaliation law following the Supreme Court’s decisions in Thompson v. North American Stainless, LP and Kasten v. Saint-Gobain Performance Plastics Corp. As the law currently exists, statutory retaliation plaintiffs win or lose largely due to the accident of statutory text rather than the fact that the law is operating as Congress envisioned or as part of a coherent scheme of regulation. In short, the federal approach to workplace retaliation is inefficient, unnecessarily complex, and in need of major reform. Contrary to popular thinking, the article concludes that the text of …


The Troublemaker's Friend: Retaliation Against Third Parties And The Right Of Association In The Workplace, Alex B. Long Dec 2007

The Troublemaker's Friend: Retaliation Against Third Parties And The Right Of Association In The Workplace, Alex B. Long

Scholarly Works

Title VII theoretically provides virtually unlimited protection from retaliation for one kind of workplace troublemaker - the employee who files a formal charge of discrimination. However, the protection from retaliation enjoyed by such individuals is significantly less when the troublemaker resorts to an employer's internal process for resolving discrimination complaints prior to the filing of a formal charge of discrimination. And what of the coworker who assists the troublemaker in pursuing such an internal grievance? Or the coworker who simply has some type of relationship with the troublemaker who files a formal charge of discrimination? What protection from retaliation do …