Anticipatory Retaliation, Threats, and the Silencing of the Brown Collar Workforce

摘要

This article has argued that the lack of protection against anticipatory retaliation, paired with the weakness of existing protections against "regular" retaliation, inhibits workers from enforcing other, substantive protections offered by employment and labor law: the right to a workplace free of unlawful discrimination, the right to minimum wage and overtime pay, the right to organize and bargain collectively. Strengthening retaliation protections by creating a new per se or facial claim for anticipatory retaliation would enable workers, particularly brown collar workers, to challenge substandard and illegal employment practices and freely enforce their employment rights.