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Supreme Court Sides with Employees in Discrimination Case

By Tony Mauro
June 29, 2006

The Supreme Court ruled unanimously on June 22 to give broad protection under Title VII of the Civil Rights Act to employees who suffer retaliation for complaining about workplace discrimination.

The decision in Burlington Northern & Santa Fe Railway Co. v. White ends disarray among lower courts on the standard required to assess retaliation claims, but employment lawyers say it will trigger a wave of new litigation to determine what kind of employer actions constitute illegal retaliation.

'This decision is huge ' hugely bad for me as a defense lawyer,' says Daniel Westman, a partner at Morrison & Foerster and the author of a book on retaliation litigation. 'It really makes it a lot easier for employees to make out a case.'

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