Judges and Judiciary
Jul. 27, 2006
Court Rejects 'Smoke and Mirrors' Argument to Limit Employee Rights
With all the ink that has been spilled in the wake of the 9-0 Supreme Court's Burlington Northern v. White decision, 2006 DJDAR 7866 (June 22), which clarified the standard for Title VII retaliation claims, it is remarkable that the language in the majority opinion likely to have the greatest impact on future employment discrimination claims appears to have escaped notice.
Charlotte Fishman
Pick Up the PaceEmail: cfishman@sbcglobal.net
Charlotte is a member of the executive board of the National Employment Lawyers Association and a frequent contributor to CLE programs on hidden bias in the workplace.
Forum Column
Inspector Gregory: "Is there any point to which you would wish to draw my attention?
Holmes: "To the curious incident of the dog in the night-time."
Inspector: "The dog did nothing in the night-time."
Holmes: "That was the curious incident."
Sir Arthur Conan Doyle, "Silver Blaze" (1893)
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