Late last week, the U.S. Supreme Court resolved a four-way split among the U.S. Courts of Appeals regarding the standard for retaliation claims under Title VII. In a decision that has potentially significant implications for employers, the Court held that Title VII’s anti-retaliation protections extend to any materially adverse action – whether or not resulting in tangible economic harm to the employee and whether or not employment-related – that "could well dissuade a reasonable worker from making or supporting a charge of discrimination." Burlington Northern & Santa Fe Railway Co. v. White, No. 05-259, slip op. (U.S. June 22, 2006).
In clarifying the standard for what constitutes retaliation, the Court’s ruling expands employee protection. In light of the fact that 30% of claims filed with the EEOC are retaliation claims, the Court’s decision is likely to have a far-reaching impact on employers – in how they respond to discrimination complaints and how they interact with employees
