Title VII’s Antiretaliation Provision: Are Employees Protected After the Employment Relationship Has Ended?
This Note will demonstrate that Title VII’s antiretaliation provision must be interpreted broadly to achieve Title VII’s basic purpose—the elimination of employment discrimination. Part I discusses the rationale supporting those decisions that have argued for a narrow interpretation. Part II argues for a broad interpretation of the provision by responding to the arguments discussed in Part I and offering a normative argument that reflects the general purpose of Title VII and section 704(a)’s role in Title VII’s framework. Part III concludes with an argument for expanding retaliatory protection to include not only postemployment retaliation that is employment-related, but also postemployment retaliation that is personal in nature.