Supreme Court Rules That Unlawful Retaliation Under Title VII May Include Actions That Would Not Necessarily Constitute Discrimination

In today’s unanimous opinion in Burlington Northern Santa Fe Railway Co. v. White (No. 05-259), the Supreme Court held that a plaintiff may pursue a retaliation claim under Title VII of the Civil Rights Act of 1964 if the "employer’s challenged action would have been material to a reasonable employee," and likely would have "dissuaded a reasonable worker from making or supporting a charge of discrimination." The ruling is a significant victory for employees in that the Supreme Court rejected more restrictive standards of proof that had been used by several U.S. Circuit Courts of Appeals.

Sheila White was hired as a track maintenance laborer by Burlington Northern Santa Fe Railroad (BNSF) in June of 1997. She was the only woman in the department, and the only person who was qualified to operate a forklift. For the first three months of her employment, White was assigned to operate a forklift, which is less physically demanding and cleaner than other track work.