University of Arkansas at Little Rock Law Review

Document Type



In its recent decision in Burlington Northern & Santa Fe Co. v. White, the Supreme Court resolved the split along the federal circuit courts by extending Title VII's anti-retaliation provision to retaliatory acts and harms that are unrelated to employment or that occur outside of the workplace. The Court limited its holding by concluding that Title VII prohibits only those employer actions that would "dissuade a reasonable worker from making or supporting a charge of discrimination." This note examines the significance of the Supreme Court's decision in Burlington Northern & Santa Fe Co. v. White to employers and employees in the United States. This note first summarizes the facts behind the Burlington Northern case and the procedural history that led it to the Supreme Court. Next, the note explores the pertinent statutory language and the split among the federal circuits. The note then examines the Court's analysis in its Burlington Northern decision. The note concludes with a discussion of the decision's implications for employees and employers and the promise of the Court's new standard.