Microinequities: Should Employers "Sweat The Small Stuff"?

Microinequities are the subtle putdowns, snubs, dismissive gestures, or sarcastic tones that can undercut employee performance and encourage employee turnover.¹ Articles in the New York Times, Wall Street Journal, and Time Magazine, among other publications, evidence the growing concern of corporations across the country about the impact of microinequities on employee morale, productivity, and attrition. Recent court rulings call into question whether employers should fear that the latest HR buzzword ² – microinequities – will become a source of labor law liability for employers. Put another way: Should employers "sweat the small stuff"?

In June 2006, the U.S. Supreme Court held in the case of Burlington Northern & Santa Fe Railway Co. v. White that unlawful retaliation under Title VII may include actions that would not necessarily constitute discrimination. ³ Specifically, the Court ruled that an employee need not prove that he or she was subjected to a reduction in pay,