Realizing the Potential of the Joint Harassment/Retaliation Claim
45 Pages Posted: 11 Jan 2015
Date Written: October 1, 2007
Retaliatory and discriminatory motives commonly overlap in the workplace, but courts often disaggregate retaliatory motives from discriminatory ones when evaluating Title VII claims. This Note critiques the rationales behind disaggregation and calls for courts to understand post-complaint behavior as constituting both retaliation and escalated harassment.
Keywords: employment discrimination, civil rights, retaliation, harassment
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