Coworker Retaliation in the #MeToo Era

Brake, Deborah L.

Journal: University of Baltimore Law Review

Volume: 49

Year: 2019

Bluebook Citation: 49 U. BALT. L. REV. (2019)

Author: Deborah L. Brake: all 25 publications


Abstract

For over a year now, the #MeToo movement has spread like wildfire, galvanizing feminist legal scholars to reconsider how law should respond to sexual harassment in the workplace and to assess the potential for #MeToo to change workplace culture. In the feminist legal scholarship considering #MeToo to date, less attention has been paid to how the movement and its fallout intersect with retaliation law than to the movement’s incongruity with the substantive law of sexual harassment. Given that the fear of retaliation is a primary reason for not confronting sexual harassment, retaliation law necessarily plays an outsized role in shaping responses to sexual harassment. This Article focuses on retaliation as a key site of inquiry in exploring the transformative potential of #MeToo.

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