Supreme Court Docket Report – 2005 Term, No. 6

Originally published December 5, 2005

Recently the Supreme Court granted certiorari in one case of interest to the business community. Barring extensions, amicus briefs in support of the petitioner will be due on January 19, 2006, and amicus briefs in support of the respondent will be due on February 23, 2006.

Employment Discrimination—Title VII—Meaning of "Adverse Employment Action."

Title VII of the Civil Rights Act of 1964 prohibits employers from retaliating against employees because they "opposed" any practice made unlawful by Title VII, or because they "participated * * * in an investigation, proceeding, or hearing under this subchapter." 42 U.S.C. § 2000e-3(a). To establish a claim of retaliation, an employee must demonstrate that she (1) engaged in an activity protected by Title VII; (2) her employer took an adverse employment action against her; and (3) there is a causal connection between her protected activity and the adverse action. See, e.g., 1 BARBARA LINDEMANN & PAU