Abstract
This Essay posits that the fear of retaliation significantly contributes to the problem of harassment—we cannot hope to end harassment without starting by addressing the reality of retaliation. Although some scholars have argued that the fear of retaliation is one reason women don’t report harassment, and some scholars have discussed the inadequacies of anti-retaliation law, this Essay breaks new ground by arguing that ending harassment must start with preventing retaliation. Part I backs up what seems to be a commonsense proposition: Many victims of harassment do not report it because they fear retaliation.5 Part II then describes the difficulty in proving a valid retaliation claim. Finally, Part III explores possible solutions, supporting reforms first offered by others as well as suggesting reforms of my own that will hopefully help to stop retaliation before it starts.
This abstract has been taken from the author's introduction.
Document Type
Article
Publication Date
2018
Publication Information
71 Stanford Law Review Online 49-61 (2018)
Repository Citation
Porter, Nicole B., "Ending Harassment by Starting with Retaliation" (2018). Faculty Publications. 2224.
https://scholarship.law.wm.edu/facpubs/2224
Included in
Civil Rights and Discrimination Commons, Labor and Employment Law Commons, Law and Gender Commons
Comments
Written for the symposium "#MeToo" (2018) sponsored by Stanford Law Review Online.