The Federalist Society

Title VII Retaliation Claims after White: The Struggle to Define Materially Adverse Conduct in the Context of the Reasonable Employee Standard

February 16, 2009

J. Gregory Grisham

On June 22, 2006, the U.S. Supreme Court issued its opinion in Burlington Northern & Santa Fe Railway Co. v. White and resolved a split among the circuit courts regarding the correct interpretation of the anti-retaliation provision contained in Title VII of the Civil Rights Act of 1964, as amended (“Title VII”)...

Title VII Retaliation Claims after White: The Struggle to Define Materially Adverse Conduct in the Context of the Reasonable Employee Standard  


The Federalist Society