After last year’s blockbuster U.S. Supreme Court decision that made it easier for employees to sue for workplace retaliation (Burlington Northern v. White), courts have been trying to figure out how to apply that ruling in real-life situations.
The Burlington ruling defined what’s considered an “adverse employment action” taken by a company in retaliation. It said an adverse action would “dissuade a reasonable employee from making or supporting a charge of discrimination.”
Does that mean that a small change in working conditions may trigger a retaliation lawsuit?
It’s clear that lawyers who represent employees think so. More important, of course, is what the courts ultimately think.
Recent case: Lawrence Doyle filed a reverse-discrimination lawsuit against his employer, the City of San Antonio, alleging that when he complained about bias against white police officers like himself, his supervisors retaliated against him.
Doyle says that after he made his discrimination claim, the company told him that he had to obtain authorization before working more than two hours of overtime.
As a result, Doyle worked less overtime than other officers.
He sued, alleging the new Burlington test. (Despres, et al., v. the City of San Antonio being applied to him were an adverse employment action. The trial court dismissed his case, but he appealed. The 5th Circuit Court of Appeals reinstated the case and ordered the trial court to use the new , No. 05-51611, 5th Cir., 2006)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/2610/even-lost-opportunity-for-overtime-may-be-considered-illegal-retaliation "
- Even a pay increase can lead to discrimination charges
- OSHA fines Oriental Weavers $125,000 over fatal accident
- Gender-Bender Liability: More States, Cities Make It Illegal to Discriminate Based on 'Gender Identity'
- Courts cracking down on pro se litigants
- Don't shoot messenger when you uncover possible bias