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Burlington Northern v. White - Title VII retaliation has broad definition
June 22, 2006 by Ross Runkel at LawMemo
The US Supreme Court has adopted a broad definition of retaliatory actions under Title VII, interpreting Section 704 as applying to actions that "could well dissuade a reasonable worker from making or supporting a charge of discrimination."
The Court said:
We conclude that the anti-retaliation provision [Section 704] does not confine the actions and harms it forbids to those that are related to employment or occur at the workplace. We also conclude that the provision covers those (and only those) employer actions that would have been materially adverse to a reasonable employee or job applicant. In the present context that means that the employer’s actions must be harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge of discrimination.
Burlington Northern v. White (US Supreme Court 06/22/2006).
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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