Emerging Trends in Labor & Employment Law
2/13/2008 5:08:11 PM EST
Employer Retaliation: Supreme Court Sets Broader Retaliation Test in Burlington Northern v. White
Posted by AME3bg
Adopting a broader test for retaliation under Title VII than had previously existed in many federal judicial circuits, the Supreme Court of the United States in Burlington Northern v. White concluded that a plaintiff may establish retaliation under Title VII by demonstrating that his or her employer has purposefully acted in a manner that would dissuade a reasonable employee from making or supporting a charge of discrimination. [Burlington Northern v. White, No. 05-529, 2006 U.S. LEXIS 4895 (June 22, 2006)] The decision was an important victory for employees and for employment discrimination plaintiffs nationwide and is likely to boost the number of retaliation claims being brought.

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