The Other 20 Cents Isn’t Worth It: The Inadequacy of Title VII’s Anti-Retaliation Framework

Abstract

This Article examines the framework for resolving Title VII retaliation disputes through the lens of gender pay disparity and proposes that the current framework is inadequate. The Article begins by illustrating the issue and the impact of retaliatory conduct in the workplace through the stories of two female workers. It also explains the Title VII retaliation standard and explores the process for filing and pursuing an anti-retaliation claim under this framework. Ultimately, the current framework is inadequate for two reasons. First, it does little to discourage retaliatory conduct by employers or co-workers because what amounts to “retaliation” under the law is under-inclusive and difficult to prove. Second, the employment relationship is among the most important in American society, but instead of seeking to salvage it, the current litigation-driven anti-retaliation framework destroys it. Consequently, the Article proposes an alternative dispute resolution method for solving retaliation disputes and provides examples from the transformative mediation and ombudsman models.