Retaliation: Employers Had Better Watch Their Backs: Burlington Northern & Santa Fe Railway Company v. White

Different courts had different standards for what constituted retaliation in employment cases. Some said it had to be a big change, like being fired or demoted, while others said it could be smaller, as long as it was meant to punish someone for speaking up. The Supreme Court wanted to fix this confusion. They wanted to answer two questions: 1) Does retaliation only count if it affects your job? 2) How bad does the punishment have to be to count as retaliation? They were trying to clear things up because of a case called Burlington. Sheila White was hired by Burlington for a track laborer job. She complained about gender-disparaging remarks and her supervisor was disciplined. After that, she was reassigned to different, less desirable tasks. She also filed a retaliation charge with the EEOC, which led to a suspension without pay. She sued Burlington and won, and the Supreme Court upheld her victory, establishing a new standard for retaliation claims under Title VII of the Civil Rights Act. Now, any action that materially injures or harms an employee who has complained of discrimination and would dissuade a reasonable worker from making or supporting a charge of discrimination can be considered retaliation. The Supreme Court has broadened the definition of retaliation, which means more employees may file retaliation claims in the future. This could lead to costly battles for employers, as courts may be cautious about dismissing these claims. Employers need to be careful when making decisions about employees who have complained about discrimination, as any action that could dissuade a reasonable employee from making or supporting a discrimination charge could be considered retaliation. To protect themselves, employers should enforce policies against retaliation, have legitimate reasons for any actions taken against complaining employees, and keep those employees informed about any investigations. High school students need to understand the importance of not retaliating against other employees at work. If someone does retaliate, they could be disciplined or even fired. It’s important to know the laws about discrimination and retaliation in the workplace. This column gives advice on how to protect yourself and your company from retaliation claims.

Source: https://www.floridabar.org/the-florida-bar-journal/retaliation-employers-had-better-watch-their-backs-burlington-northern-santa-fe-railway-company-v-white/