Ever since the Supreme Court decided the White v. Burlington Northern case in 2004, retaliation lawsuits have been all the rage.
It’s easy to see why. Employees don’t have to win their underlying discrimination claims to prove retaliation—they just have to show that their employers punished them for complaining about some form of discrimination.
That’s often not hard to do. If an employee can show that a reasonable employee would have been dissuaded from complaining in the first place if she were retaliated against in the same way, she can win a retaliation case. You may remember that in White, the retaliation involved a transfer from a more “prestigious” forklift operator position to a track labor job.
But lately there’s been good news for employers. Courts have been refining the retaliation standard for almost five years and have begun concluding that truly minor work changes aren’t retaliation.
As the foll...(register to read more)
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