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Broader reach for retaliation cases.(Burlington Northern & Santa Fe Railway Co. v. White)
Supervision, September, 2006 by Zachary, Mary-Kathryn
Title VII of the Civil Rights Act of 1964 prohibits two types of unlawful employer behavior: substantive employment discrimination based on race, color, religion, sex, and national origin; and retaliatory discrimination against an employee or job applicant based on that individual's participation in a Title VII investigation or proceeding. Retaliation cases under Title VII have been increasing. Currently, almost one third of complaints brought to the Equal Employment Opportunity Commission involve retaliation claims. An employee or job applicant may bring a retaliation claim even though he or she did not prevail in the underlying, substantive employment discrimination claim.
The anti-retaliation provisions of Title VII have been subject to conflicting...
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