Adopting the EEOC Deterrence Approach to the Adverse Employment Action Prong in a Prima Facie Case for Title VII Retaliation

Abstract

Section 704(a) of Title VII of the Civil Rights Act of 1964 protects employees who oppose what they consider to be workplace discrimination from subsequent employer retaliation. The retaliation provision, however, does not delineate the types of discriminatory acts that an employer is prohibited from taking. Thus, the federal circuit courts of appeals are divided on what types of acts rise to the level of adverse action such that an employee plaintiff may establish a prima facie case of retaliation. The U.S. Supreme Court has stated that the purpose of the retaliation provision is to maintain unfettered access to Title VII's remedial mechanisms. This Note argues that the most appropriate way to do this is to ensure that all retaliatory acts that would likely deter an employee from filing a discrimination charge or otherwise opposing discriminatory activity should be prohibited.