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Expanding the Scope of the Expansive Approach: The Burlington Northern Standard as a per se Approach to Federal Anti-Retaliation Law

Abstract

The objectives of this Note are threefold: (1) to analyze the Burlington Northern decision and the effect it will have on the lower federal courts' treatment of Title VII retaliation and discrimination claims; (2) to highlight the many other federal statutes that include provisions prohibiting retaliatory treatment of employees who engage in protected activities; and (3) to propose that Burlington Northern's deterrence standard should be adopted as a per se rule in construing employee rights under such federal statutes. 

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49 Ariz. L. Rev. 745 (2007)

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Authors

Lena P. Ryan (University of Arizona)

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