An employer is prohibited from retaliating against an employee who engages in a protected activity as defined by Title VII, including opposing discriminatory employment practices or filing charges alleging discrimination by the employer. The Supreme Court took up the issue of what constitutes retaliation for purposes of Title VII in an effort to resolve a split in the circuit courts. This Article examines the different standards used by the circuits and looks at the Sixth Circuit case that was appealed to the Supreme Court, as well as the resolution of that case by the Court. This Article also analyzes the nature of retaliation and the consequences for the law governing employment discrimination.
Megan E. Mowrey,
Establishing Retaliation for Purposes of Title VII,
Dick. L. Rev.
Available at: https://ideas.dickinsonlaw.psu.edu/dlra/vol111/iss4/4