Retaliation and the Rule of Law in Today's Workplace

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2011
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American English
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Abstract

The primary aim of this Article is to justify revising and expanding today's law of workplace retaliation. The argument emphasizes, in particular, the meaning and value of the rule of law, in a broad sense, in workplace retaliation cases. As it turns out, based on the rule of law and other values, the case law, on balance, under-protects employees against retaliation by both private and public employers. This holds in typical status-based civil rights and non- discriminatory contexts and in the area of public employee freedom of speech as well.

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44 Creighton Law Review 749
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