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Expanding liability for retaliation
August 07, 2006
A lot has been written on Burlington Northern v. White.
Here's a useful addition: U.S. Supreme Court Expands Employer Liability for Retaliation by Thomas J. Flaherty and George S. Howard.
Here's the lead paragraph:
The United States Supreme Court's June 22, 2006 decision in Burlington Northern & Santa Fe Railway Company v. White is important for both employers and employees, as attested by the extensive media coverage. However, the media largely overlooked the most significant implications of the ruling. It is not surprising that the Court would permit a retaliation claim where the employer transferred the employee to a physically harder, less desirable job, shortly after her first complaint of harassment, and suspended her without pay for 37 days, during the holidays, shortly after she filed a complaint with the Equal Employment Opportunity Commission ("EEOC"). What is surprising is the Court’s expansive, sweeping approach.
Thomas J. Flaherty, left, serves as Managing Partner of Pillsbury Winthrop Shaw Pittman 's 100+ attorney Northern Virginia office. He is also the Team Leader of the local office's Employment and Labor group with a national and local practice encompassing all areas of employment and labor law, including litigation and advice involving both individual and class action matters.
George S. Howard, right, a Pillsbury Winthrop Shaw Pittman partner, practices employment and labor law on behalf of management. He is one of a handful of San Diego-area management labor lawyers selected for inclusion in the 2005 edition of The Best Lawyers in America, and was also listed in all editions beginning in 1993. Howard is Chair of The Employers Group Legal Committee, a group of 16 California employment lawyers who represent the interests of employers, as amicus curiae, in appeals of important employment cases in California.
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