Express Yourself: Striking a Balance Between Silence and Active, Purposive Opposition Under Title VII's Anti-Retaliation Provision

Matthew W. Green

Express Yourself: Striking a Balance Between Silence and Active, Purposive Opposition Under Title VII's Anti-Retaliation Provision

Research output: Contribution to journal › Article › peer-review

Abstract

In short, although the article determines that while Crawford should not open the door to silent opposition, the active, purposive requirement that Justice Alito championed and that some courts pre- and post-Crawford have adopted goes too far the other way. There is a swath of opposition conduct that stands between silence and the standard that Justice Alito and some courts advocate. This article explores where that line should be drawn.

Original language	American English
Journal	Hofstra Labor and Employment Law Journal
Volume	28
State	Published - Jan 1 2010

Keywords

title vii
employment discrimination
antiretaliation
retaliation
anti-retaliation
purposive
silent opposition
active opposition
opposition clause

Disciplines

Civil Rights and Discrimination
Labor and Employment Law

Access to Document

Express Yourself Striking a Balance Between Silence and ActiveFinal published version, 2.77 MBLicense: CC BY

Cite this

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abstract = " In short, although the article determines that while Crawford should not open the door to silent opposition, the active, purposive requirement that Justice Alito championed and that some courts pre- and post-Crawford have adopted goes too far the other way. There is a swath of opposition conduct that stands between silence and the standard that Justice Alito and some courts advocate. This article explores where that line should be drawn.",

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N2 - In short, although the article determines that while Crawford should not open the door to silent opposition, the active, purposive requirement that Justice Alito championed and that some courts pre- and post-Crawford have adopted goes too far the other way. There is a swath of opposition conduct that stands between silence and the standard that Justice Alito and some courts advocate. This article explores where that line should be drawn.

AB - In short, although the article determines that while Crawford should not open the door to silent opposition, the active, purposive requirement that Justice Alito championed and that some courts pre- and post-Crawford have adopted goes too far the other way. There is a swath of opposition conduct that stands between silence and the standard that Justice Alito and some courts advocate. This article explores where that line should be drawn.

KW - title vii

KW - employment discrimination

KW - antiretaliation

KW - retaliation

KW - anti-retaliation

KW - purposive

KW - silent opposition

KW - active opposition

KW - opposition clause

UR - https://engagedscholarship.csuohio.edu/fac_articles/204

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JF - Hofstra Labor and Employment Law Journal

ER -

Express Yourself: Striking a Balance Between Silence and Active, Purposive Opposition Under Title VII's Anti-Retaliation Provision

Abstract

Keywords

Disciplines

Access to Document

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