US Supreme Court Makes it Easier to Prove Retaliation Claims, in Burlington Northern v. White, 2006
Wednesday, July 19th, 2006
June 22, 2006: In Burlington Northern & Sante Fe Railway Co. v. White, 548 U.S. 53 (2006) (“Burlington Northern v. White”), the US Supreme Court substantially broadened the ability of employees to file retaliation claims under Title VII of the Civil Rights Act of 1964. It was a unanimous (9-0) decision.
The Supreme Court broadened retaliation claims in 2 ways:
First: Retaliatory conduct is not limited to employer’s action at the workplace, and it is not limited to action taken while the plaintiff is still working for the employer.