Employers want to reduce or eliminate claims of employee retaliation whenever possible because of associated negative organizational consequences such as legal liability, various financial costs for the organization, and negative effect on employee morale. As such, it is important to identify the factors that impact the court’s decision to rule in favor of the plaintiff or the defendant. The purpose of the present study is to identify factors driving the court’s decision, as well as to review the implications of recent Supreme Court holdings for retaliation issues. Supreme Court cases involving a claim of employee retaliation from BNSF v. White (2006) to the present were reviewed and coded on factors likely to influence the court’s decision. Implications associated with these factors and the implications of relevant Supreme Court holdings are discussed. The ability of the plaintiff to establish all three prongs of a retaliation claim was found to be important for the court to rule in his/her favor. If the retaliatory act meets or exceeds the EEOC deterrence standard, the court tended to favor the plaintiff. Finally, the results suggest that the plaintiff should use the organization’s grievance policy, if there is one, as the court tended to rule favorably for the plaintiff when he/she used the available grievance policy. Additional implications are explored and limitations are discussed.

The purpose of this study is to discover if there has been quantitative change in the gender balance of the employment profile of the ACT Department of Education from 1976 to 1991 and to explore possible reasons for such change. It should be noted that the Department has had several changes of name over the period covered by this study including the ACT Department of Education, the ACT Department of Health, Education and the Arts, and it is presently known as the ACT Department of Education and Training. For the sake of clarity it will be referred to throughout as the ACT Department of Education. The employment configuration will be studied from 1976, the earliest year of available data, to 1991 to measure relative changes in the position of men and women. This paper will examine significant events in the ACT Education system, in particular the introduction of Equal Employment Opportunity (EEO) legislation in 1984, to determine whether the introduction of legislation and/or other initiatives brought about moves toward Equal Employment Opportunity for women. The study will develop and consider hypotheses and examine several theoretical explanations for the changes or lack of them in the position of men and women. Recommendations will be made concerning future directions for research and action to achieve equal employment opportunity for women, the largest group of the four groups targeted in the EEO legislation. The central argument of the study is that the adoption of quantitative approaches to measure success/failure in EEO programs is of limited use. These theoretical approaches, largely informed by liberal feminism, offer inadequate understanding of the resistances to change. Other theoretical perspectives are needed if the issue is seen as "what are the resistances and what are the policies and strategies that can be developed to overcome them?". Feminist critical theory, however, enables more productive questions to be raised about how social power is constructed and maintained, about hegemonic culture, and about the language and cultural biases embedded in administrative structures in education. Insights thus gained into issues, events and resistances give individuals and groups agency, the power to act for change.