Broadening the Definition of Unlawful Retaliation Under Title VII

Title VII retaliation cases have become a larger part of the Equal Employment Opportunity Commission (EEOC) caseload, and this development should be a growing concern for business. By addressing the question of exactly when a prohibited retaliatory action has been taken against an employee, the Unit...

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Bibliographic Details
Published in:Employee responsibilities and rights journal 2008-12, Vol.20 (4), p.249-260
Main Authors: Owens, James M., Gomes, Glenn M., Morgan, James F.
Format: Article
Language:English
Subjects:
Affirmative action
Americans with Disabilities Act 1990-US
Civil rights
Comparative Law
Discrimination
Employees
Employers
Employment discrimination
Employment practices
Ethics
Federal court decisions
International & Foreign Law
Private International Law
Retaliation
Sex discrimination
Social Sciences
Studies
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Summary:Title VII retaliation cases have become a larger part of the Equal Employment Opportunity Commission (EEOC) caseload, and this development should be a growing concern for business. By addressing the question of exactly when a prohibited retaliatory action has been taken against an employee, the United States Supreme Court’s June 2006 decision in Burlington Northern & Santa Fe Railway Co. v. Sheila White ended a significant disagreement among the various appellate courts on the issue. The Supreme Court answered two specific questions regarding retaliation for raising a claim of sexual discrimination. First, the Court decided that the retaliatory conduct need not take place within the employment setting; and, second, it held that a materially adverse action requires only that a reasonable employee would be deterred from making, filing, or supporting a claim of workplace discrimination to the EEOC, the courts, or the employer. Employers need to revise and update their internal policies and procedures to ensure that their firms comply with these new standards.
ISSN:0892-7545
1573-3378
DOI:10.1007/s10672-008-9083-1