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Employment Retaliation: The New Standards

The United States Supreme Court clarified on June 22nd the standard that will govern employment discrimination retaliation claims nationwide.  In deciding Burlington Northern & Santa Fe Railway Co. v. White, the court resolved a growing conflict among the federal courts of appeals concerning two key issues in retaliation litigation:  whether the challenged action has to be employment related, and how harmful that action must be to constitute actionable retaliation.

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