Resources
Recent Decision Regarding Retaliation Claims
Date:
05/24/2007
Source:
Dan Webb Howard
Description:
The Supreme Court's recent decision in Burlington Northern v. White establishes that a retaliation plaintiff need not show that her employer changed a "term or condition" of her employment to prevail on a claim of retaliation. The decision holds that a retaliation plaintiff can state a valid claim even if there has been no change to her compensation, job title, working hours, or work location, as long as the employer took some other action of the sort that might discourage a reasonable employee from complaining of discrimination or harassment. This holding makes it substantially easier for an employee to state a facially valid claim for retaliation, and has already led to a dramatic increase in retaliation claims.
Download:
burlington_northern_v_white.pdf