In June 2006, the Supreme Court issued its decision in Burlington Northern and Santa Fe Railway Co. v. White , a case that involved questions about the scope of the retaliation provision under Title VII of the Civil Rights Act, which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. In a 9-0 decision with one justice concurring, the Court held that the statute's retaliation provision encompasses any employer action that "would have been materially adverse to a reasonable employee or job applicant." This standard, which is much broader than a standard that would have confined the retaliation provision to actions that affect only the terms and conditions of employment, generally makes it easier to sue employers if they retaliate against workers who complain about discrimination.
This report discusses Burlington Northern and Santa Fe Railway Co. v. White, a recent case in which the Supreme Court considered the scope of the retaliation provision under Title VII of the Civil Rights Act, which prohibits employment discrimination on the basis of race, color, religion, sex, or national origin. Specifically, the Court held that the retaliation provision, which bars employers from retaliating against employees who complain of discrimination, is not limited only to activity that affects the terms and conditions of employment, but rather covers a broader range of actions that would be materially adverse to a reasonable employee or job applicant. This new standard is significant because it clarifies the protection from retaliation that is available to employees who complain of discrimination and makes it easier for workers to sue for retaliation.