From
The KDDK Advantage - August 2006
Supreme Court On
Employer Retaliation
The U.S. Supreme Court in June broadened
the meaning of retaliation against employees who oppose
discrimination, putting more employers at risk of being
sued for such employment discrimination.
In Burlington Northern & Santa
Fe Railway Co. v. White, a female forklift driver
complained to management about gender-based comments.
Burlington disciplined the supervisor, but reassigned
Ms. White to general labor tasks.
Ms. White was still paid the same, but
claimed she was transferred to a dirtier and less prestigious
job. After she filed a discrimination charge, Ms. White
had a disagreement with a supervisor and was suspended
for 37 days without pay. Burlington eventually reinstated
Ms. White with full backpay.
The Supreme Court found that Burlington
retaliated against Ms. White by transferring her to a
less prestigious and dirtier job. The Court then broadened
the Title VII retaliation standard to state that all courts
must analyze whether actions of this kind could deter
a reasonable employee from bringing a legitimate discrimination
charge. In retaliation claims, the outcome now depends
on how the “reasonable” employee would view the circumstances.
The consequences of this decision will
not be known for some time. It is clear, however, that
the decision will likely prove troublesome for employers
who must now exercise more care when dealing with employees
who have complained about workplace discrimination.
Jake R. Fulcher is an associate
attorney in the firm’s Labor and Employment Law Group.
If you have any questions about this case on concerns
about a current situation, please contact Jake or any
attorney in the KDDK Labor and Employment Law Group at
812-423-3183.
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