Part II of this paper outlines Title VII of the Civil Rights of 1964 retaliation claims, types of protected activity, and types of sexual harassment. Part III will analyze the District Court and Circuit Court decisions discussing refusing sexual harassment as a protected activity. Part IV outlines the standards that the Circuit Courts should follow in determining what is necessary to constitute a protected activity. Part V examines the policy goals achieved in setting standards for how rejecting sexual harassment constitutes a protected activity. Further, Part IV outlines the analysis used by the Sixth and Eighth Circuits, which should be used going forward.
Simi Lorenz, Opposing Sexual Harassment May Not Be Enough for a Retaliation Claim Under Title VII: Why Refusing Sexual Advances Is Not Enough, 50 J. Marshall L. Rev. 1007 (2017)