Skip to main content Accessibility help
×
Home
Hostname: page-component-dc8c957cd-4x6s7 Total loading time: 0.701 Render date: 2022-01-29T11:29:44.484Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

8 - Retaliation

Published online by Cambridge University Press:  01 October 2020

Ann C. McGinley
Affiliation:
University of Nevada, Las Vegas
Nicole Buonocore Porter
Affiliation:
University of Toledo, Ohio
Get access

Summary

Chapter 8 rewrites Clark County School District v. Breeden, which held that the plaintiff’s retaliation claim under Title VII failed because no reasonable person could believe that a single incident of harassment violated Title VII. The rewritten opinion, exposing the bias many women suffer in the workplace as a result of micro-aggressions and using the perspective of a reasonable person in the plaintiff’s shoes, holds that complaining about even a single incident of harassment is sufficient to constitute a reasonable belief that the plaintiff is experiencing harassment. The rewritten opinion also broadens the causation element in retaliation cases in two ways. First, it refuses to set a bright-line rule for the passage of time between the protected activity and the adverse employment action. Second, it allows mixed-motive causation rather than but-for causation, which would make retaliation claims easier to win and would have eliminated the Nassar case, where the Court held that plaintiffs had to prove that retaliation was the but-for cause of the adverse employment action.

Type
Chapter
Information
Feminist Judgments
Rewritten Employment Discrimination Opinions
, pp. 462 - 485
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Send book to Kindle

To send this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Send book to Dropbox

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox.

Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

Available formats
×