Stores - September 2006 - (Page 112)

WORKPLACE LAW Retaliation Defense Broadened E BY CHAD REIS mployers will need to be more cautious of retaliating against employees who complain of discrimination. In the recent case of Burlington Northern and Santa F e Railway Co. v. White, the U.S. Supreme Court increased protections by expanding the range of employer actions that are considered to be materially adverse to a complaining employee. sionals that retaliation is Specifically, retaliation is no ment such as reduction in forklift, duties that, while not limited to the ultimate longer limited to actions that pay, failure to promote or ter- within the same job classifica- decisions of hiring, firing, may affect the terms and con- mination. In BNSF v. White, tion, were less arduous. demotion and promotion, however, the Supreme Court ditions of employment, but S h e later complained to but can also encompass a now applies to any action that stated that the anti-retaliation B N S F that her supervisor much broader spectrum of provision of Title VII provides may dissuade an employee made inappropriate remarks action, such as scheduling, broader protections. from bringing or supporting a to her and, following an in- t r a i n i n g , performance Thus, White's reassignment claim of discrimination. vestigation, the supervisor evaluations, job and office and suspension were materi- Shelia White was hired by was suspended and required assignments, transfers and BNSF as a track laborer, ally adverse even though she to attend sexual harassment recommendations. for which her primary re- did not suffer a reduction in training. Charges filed http://WWW.STORES.ORG

Table of Contents for the Digital Edition of Stores - September 2006

Executive Editor's Page
President's Page
NRF News
Retail People
Cover Story: Sights Set on the Subcontinent
Data Management
In-Store Applications
Real Estate
Human Resources
POS Systems
System Security
Asset Management
In-Store Promotion
Call Centers
Order Fulfillment
Loeb Retail Letter
ARTS Update
Workplace Law
Advertisers Index
Company Index
Retail Profit Scoreboard
Retail Industry Calendar

Stores - September 2006