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Coworker Retaliation In The #Metoo Era, Deborah Brake
Coworker Retaliation In The #Metoo Era, Deborah Brake
Articles
The national firestorm sparked by #MeToo has galvanized feminist legal scholars to reconsider the Title VII framework governing workplace sexual harassment and the potential for #MeToo to transform workplace culture in a way that Title VII, to date, has not. In the analysis of #MeToo’s prospects for change, less attention has been paid to how Title VII’s protection from retaliation intersects with the movement. One particular aspect of retaliation law – coworker retaliation – has thus far escaped the attention of legal scholars. Already underdeveloped as a species of retaliation law, coworker retaliation holds particular resonance for the #MeToo movement …
How The First Forty Years Of Circuit Precedent Got Title Vii's Sex Discrimination Provision Wrong, Jessica A. Clarke
How The First Forty Years Of Circuit Precedent Got Title Vii's Sex Discrimination Provision Wrong, Jessica A. Clarke
Vanderbilt Law School Faculty Publications
The Supreme Court will soon decide whether, under Title VII of the Civil Rights Act of 1964, it is discrimination “because of sex” to fire an employee because of their sexual orientation or transgender identity. There’s a simple textual argument that it is: An employer cannot take action on the basis of an employee’s sexual orientation or transgender identity without considering the employee’s sex. But while this argument is simple, it was not one that federal courts adopted until recently. This has caused some judges to object that the simple argument must be inconsistent with the original meaning of Title …