Fenwick Employment Brief - July 2006

In an unfavorable decision for employers, the U.S. Supreme Court held that adverse actions which do not cause tangible economic harm to employees may nevertheless constitute retaliation in violation of Title VII. In Burlington Northern v. White, the Court substantially expanded the legal protection for employees who complain about discrimination or harassment, and suffer adverse action as a result of such complaints. The Court held that a plaintiff can establish retaliation by showing that, in response to a complaint of harassment or discrimination, s/he experienced a materially adverse employment action that "might have dissuaded a reasonable worker" from complaining about discrimination or harassment.