14 August 2006The National Law Journal
All things old are new again. Retaliation against employees who protest perceived invidious discrimination has been illegal since employment discrimination itself was first banned more than 40 years ago. Yet the U.S. Supreme Court's recent decision in Burlington Northern & Santa Fe Ry. Co. v. White, 126 S. Ct. 2405 (2006), has placed some new wine in some old bottles, expanding the anti-retaliation provisions of federal employment discrimination law to the widest scope previously adopted by any court.