High Court Makes It Easier for Employees to File Retaliation Suits

The U.S. Supreme Court ruled unanimously yesterday that workers retaliated against by their employer for complaining about acts of discrimination can sue, even if they were not fired or denied promotion because of their complaint.

In its decision in the case of Burlington Northern v. White, the Court found that lesser punishments, such as assignment to a less attractive job or suspension without pay can constitute illegal retaliation.

Title VII of the Civil Rights Act prohibits employers from taking "adverse action" against workers who report discriminatory acts or practices. The case involved Sheila White, a Burlington Northern & Santa Fe Railroad forklift operator at a Tennessee rail yard. When White complained of sexual harassment, her supervisor was suspended for 10 days and forced to attend a sex-discrimination workshop.

Within weeks, White was reassigned to a more physically demanding, outdoor track laborer position at the same level of pay and benefits as her forklift job. White was also suspended without pay for 37 days on charges of “insubordination,” but later sent back to work with full back pay.

White filed a retaliation suit in federal court and was awarded $43,250 for emotional stress and medical bills.

On appeal by Burlington Northern, a federal panel ruled that that the actions against White were not “adverse enough” to represent retaliation under Title VII of the Civil Rights Act and ordered the award reversed.

The full Sixth US Circuit Court of Appeals, however, subsequently upheld the original court’s verdict for White.

Yesterday’s Supreme Court ruling affirmed the Sixth Circuit Court’s decision by finding that any act likely to “dissuade a reasonable worker from making or supporting a charge of discrimination” represented unfair retaliation under Title VII.

Also See:
Oral Arguments in This Case (.pdf)
Brief History of the US Supreme Court