{"title":"Realizing the Potential of the Joint Harassment/Retaliation Claim","authors":"Eisha Jain","doi":"10.2307/20455785","DOIUrl":null,"url":null,"abstract":"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.","PeriodicalId":48293,"journal":{"name":"Yale Law Journal","volume":"191 1","pages":"120"},"PeriodicalIF":5.2000,"publicationDate":"2007-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"2","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Yale Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2307/20455785","RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 2
Abstract
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.
期刊介绍:
The Yale Law Journal Online is the online companion to The Yale Law Journal. It replaces The Pocket Part, which was the first such companion to be published by a leading law review. YLJ Online will continue The Pocket Part"s mission of augmenting the scholarship printed in The Yale Law Journal by providing original Essays, legal commentaries, responses to articles printed in the Journal, podcast and iTunes University recordings of various pieces, and other works by both established and emerging academics and practitioners.