Although the present U.S. Supreme Court may still be regarded as relatively conservative when it comes to employment law issues, it has put employers on notice that retaliation against employees who complain about discrimination or harassment won’t be tolerated.  In 2006, the Court (9-0 decision) made it easier for employees to assert retaliation claims under Title VII of the Civil Rights Act of 1964 in Burlington Northern & Santa Fe Railway v. White. Now in back to back decisions on May 27, 2008, the Court has reiterated its antipathy toward retaliation in CBOCS West, Inc. v. Humphries (7-2 decision) and Gomez-Perez v. Potter (6-3 decision). (more…)

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