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Title VII covers employer actions materially adverse to a reasonable employee.

The Claim

Under Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006), Title VII's anti-retaliation provision covers any employer action that a reasonable employee would find materially adverse.

The Short Version

The claim accurately states the standard established in Burlington Northern & Santa Fe Railway Co. v. White. The Supreme Court held that Title VII’s anti-retaliation provision covers employer actions materially adverse to a reasonable employee or job applicant—actions that could well dissuade a reasonable worker from making or supporting a discrimination charge. The material-adversity requirement limits the word “any.”

Caveats

  • Petty slights and minor annoyances do not meet the material-adversity threshold.
  • The Court’s standard also refers to reasonable job applicants.
  • A materially adverse action alone does not establish unlawful retaliation; protected activity and a causal connection are also required.

The Receipts

  1. Enforcement Guidance on Retaliation and Related Issues | U.S. Equal Employment Opportunity Commission

    eeoc.gov

  2. Employment Discrimination and Retaliation Claims: A Legal Analysis of the Supreme Court Ruling in Burlington Northern and Santa Fe Railway Co. v. White - EveryCRSReport.com

    everycrsreport.com

  3. Burlington Northern & Santa Fe Railway Co. v. White | 548 U.S. 53 (2006) | Justia U.S. Supreme Court Center

    supreme.justia.com

  4. EMPLOYERS BEWARE: BURLINGTON NORTHERN V. WHITE AND THE NEW TITLE VII ANTI-RETALIATION STANDARD

    mckinneylaw.iu.edu

  5. BURLINGTON N. & S. F. R. CO. v. WHITE [05-259], 548 U.S. 53 (2006) | FindLaw

    caselaw.findlaw.com

  6. BURLINGTON N. & S. F. R. CO. v. WHITE

    law.cornell.edu

  7. SUPREME COURT OF THE UNITED STATES

    law.cornell.edu

  8. Questions and Answers: Enforcement Guidance on Retaliation and Related Issues | U.S. Equal Employment Opportunity Commission

    eeoc.gov

  9. storage.courtlistener.com

    storage.courtlistener.com

  10. SUPREME COURT OF THE UNITED STATES

    supreme.justia.com

+ 15 more sources — see the full list on Lenz

Filed Under

Burlington Northern & Santa Fe Railway Co. v. WhiteTitle VII