Supreme Court Clarifies Parameters Of Title VII Retaliation Claim

Law360, New York (October 19, 2006, 12:00 AM EDT) -- In Burlington Northern & Santa Fe Railway Co. v. White, 126 S.Ct 797 (2006), the Supreme Court unanimously ruled that the scope of Title VII’s anti-retaliation provision, which forbids “discrimina[tion] against” an employee or applicant who, inter alia, has “made a charge, testified, assisted, or participated in” a Title VII proceeding or investigation, extends beyond actions that affect terms and conditions of employment.

Rejecting arguments that only conduct that affects “compensation, terms, conditions, or privileges of employment” violates the anti-retaliation provision, the Court held that any...
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