Has 'Burlington' Really Changed Retaliation Law?

Law360, New York (October 29, 2008, 12:00 AM EDT) -- In order to establish a Title VII retaliation claim, an employee has to prove, among other things, that the employer took an “adverse action” against the employee. In Burlington N. & Santa Fe Ry. Co. v. White, 126 S.Ct. 2405 (2006), the Supreme Court radically changed the standard regarding what constitutes a “materially adverse action.”

Prior to Burlington, in order to establish that the action was adverse, an employee had to show that there was a “materially adverse change” in the terms and conditions of employment....
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