U.S. SUPREME COURT BROADENS RETALIATION LAW
by
Andrew N. Howe

In a potentially landmark decision, the United States Supreme Court recently broadened retaliation protections for employees under Title VII of the Civil Rights Act of 1964, the federal law prohibiting discrimination in the workplace.  In its decision, the Court broadened the range of employment actions that potentially qualify as “retaliatory” actions by employers against employees.

The significance of this decision is that now when an employee complains about potential discrimination in the workplace, all subsequent employer decisions potentially impacting that employee in a negative way can be the subject of a subsequent retaliation claim.  Additionally, any actions by coworkers against that employee potentially negatively impacting the complaining employee’s conditions in the workplace also can be the subject of a subsequent retaliation claim.  Thus, the simple act of a schedule change or relocating an employee’s desk to another part of the building may constitute retaliation as now defined by the Supreme Court.  The net result is that any employment decisions now will be second guessed when those decisions are made in the context of an employee complaining about discrimination.

For further information contact Andrew Howe head of the labor and employment relations department.