Reconciling The Public Policy Exception to Enforcing Contracts with Title VII’s Public Policy on Disciplining Harassers
St. Thomas Law Review
This article looks at the evolution of the public policy doctrine and its effects on Title VII when unionized employees are dismissed for harassment. Some writers have questioned whether the Court eliminated the public policy exception by defining it so narrowly. But, the focus of commentary has been on the effects of the Eastern decision in the traditional collective bargaining context where the need to limit judicial involvement is great. However, the public policy doctrine's impact is no longer limited to traditional contract issues that are unregulated. As a result, the doctrine's impact on the operation and goals of Title VII is worth addressing.
Stephen Plass, Reconciling the Public Policy Exception to Enforcing Contracts with Title VII's Public Policy on Disciplining Harassers, 19 St. Thomas L. REV. 407 (2007).