2006 U.S. Supreme Court Decision
Retaliation: Burlington Northern Santa Fe Corp v. Sheila White
In June 2006 the U.S. Supreme Court issued an important decision dealing with retaliation against an employee who has reported or complained about sexual harassment. Sheila White, a female employee working in a railroad yard, complained about sex discrimination. Shortly afterward, she was reassigned to a less desirable position. The reassignment did not involve loss of wages but did include harder and dirtier work. The plaintiff filed a charge with the EEOC regarding the reassignment and another retaliation charge claiming the employer placed her under surveillance following her previous complaint. Soon afterwards she was suspended without pay for 37 days.
The U.S. Supreme Court unanimously held that Burlington violated the anti-retaliation provisions of Title VII of the Civil Rights Act, stating that the reassignment of duties and the unpaid suspension would deter a reasonable person from filing a discrimination claim in the future.