Sunday, June 25, 2006

Retaliation prohibited under Title VII not limited to adverse employment actions

The Supreme Court famously ruled in Burlington Northern & Santa Fe Ry. Co v. White that the retaliation prohibited by Title VII is not limited to "adverse employment actions."

SCOTUSblog has this summary of the decision.

I've been studying on drafting a complaint in a hostile environment/retaliation case. I suspect that the Burlington Northern decision might help get that one past summary judgment. From time to time in the past, we've litigated, even on motions to dismiss, whether there was an "adverse employment action" from the defense side in cases where the plaintiff is still employed by the defendant and has not lost any money. The value of those old briefs went down a bit on June 22.

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