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Employer Conduct Other Than "Adverse Employment Actions" Can Lead To A Retaliation Claim, Supreme Court Holds

June 29, 2006

By Neal D. Mollen and Courtney R. Mueller

Adopting a broader test for retaliation under Title VII than had previously existed in many federal judicial circuits, the Supreme Court of the United States has concluded that a plaintiff may establish retaliation under Title VII by demonstrating that his or her employer has purposefully acted in a manner that would dissuade a reasonable employee from making or supporting a charge of discrimination.