Hofstra Labor and Employment Law Journal
title vii, employment discrimination, antiretaliation, retaliation, anti-retaliation, purposive, silent opposition, active opposition, opposition clause
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.
Matthew Green, Express Yourself: Striking a Balance Between Silence and Active, Purposive Opposition Under Title VII's Anti-Retaliation Provision, 28 Hofstra Labor and Employment Law Journal 107 (2010)