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Against Employer Retaliation

Protecting Low-Wage Workers Who Oppose Sex Discrimination

By Michael I. Marsh & Evangelina Fierro Hernandez

Title VII protects employees from sexual harassment and discrimination in the workplace. The recent U.S. Supreme Court decision in Burlington Northern and Santa Fe Railway Company v. White makes clear how Title VII can be used to challenge retaliatory acts of employers against employers who complain of discrimination. Advocates should be aware of the antiretaliation elements under Title VII and how to counsel clients in a legally informative yet individually sensitive manner when their clients oppose and report sex discrimination in the workplace.

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