Burlington Northern & Santa Fe Railway Co. v. White
- Decided
- June 22, 2006
- Docket
- 05-259
- Status
- Published
- Jurisdiction
- Federal
Cited 7,269 timesNo negative treatment found in this library
What later courts said
- ruling that an even lower standard for material adversity applies in the context of retaliation claims — Michael v. Caterpillar Financial Services Corp. (2007)
- holding that employers may be held liable for off-premises acts of retaliation under Title VII’s anti-retaliation provision — Hawkins v. Anheuser-Busch, Inc. (2008)
- holding that antiretaliation provisions of Title VII apply where employers actions “could well dissuade a reasonable worker from making or supporting a charge of discrimination” — Wrobel v. County of Erie (2012)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Justice Breyer delivered the opinion of the Court.
Title VII of the Civil Rights Act of 1964 forbids employment discrimination against “any individual” based on that individual’s “race, color, religion, sex, or national origin.” Pub. L. 88-352, §704, 78 Stat. 257, as amended, 42 U. S. C. § 2000e-2(a). A separate section of the Act—its antiretaliation provision—prohibits an employer from “discriminat[ing] against” an employee or job applicant because that individual “opposed any practice” made unlawful by Title VII or “made a charge, testified, assisted, or participated in” a Title VII proceeding or investigation. § 2000e-3(a).
[*57] The Courts of Appeals have come to different conclusions about the scope of the Act’s antiretaliation provision, particularly the reach of its phrase “discriminate against.” Does that provision confine actionable retaliation to activity that affects the terms and conditions of employment? And how harmful must the adverse actions be to fall within its scope?
Statutes cited
Cite this
Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (2006)Read the full opinion
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