On June 22, the Supreme Court adopted a new, broadly-worded and employee-friendly definition of the types of retaliation that are prohibited by the basic federal law, Title VII of the Civil Rights Act of 1964. This act prohibits discrimination and prohibits employers from retaliating against workers who complain about discrimination. Due to varying standards among the different circuits, it had been extremely difficult for an employee to win a retaliation case unless the individual’s employment was terminated.

Under the standard adopted by the Supreme Court in Justice Breyer's opinion, and set forth by the Seventh and District of Columbia Circuits, a plaintiff must now show that a "reasonable employee" would have found the employer's actions "materially adverse," which means it "might have 'dissuaded a reasonable worker from making or supporting a charge of discrimination.'" According to a New York Times article (6/22/06), some 20,000 retaliation cases were filed in 2004, a number that has doubled since 1992. There is likely to be an increased volume in retaliation cases brought by employees as a result of this recent ruling. Employers must be diligent in overseeing the treatment of employees who register a complaint of discrimination.

For information on how to manage discrimination or retaliation issues, please contact Michael Brown. To see the Burlington Northern & Santa Fe Railway Company v. White opinion, click here.