Adverse Employment Action in Retaliation Cases

This paper critically examines the evolving legal standards surrounding the concept of “adverse employment action” in retaliation cases under Title VII of the Civil Rights Act. It explores how courts have interpreted and applied this concept inconsistently, leading to confusion and unpredictability in litigation. The article introduces the three schools of thought found in the circuit court splits-expansive, intermediate, and restrictive approaches. The analysis includes a review of key Supreme Court rulings, such as Burlington Northern & Santa Fe Railway Co. v. White, and evaluates how lower courts have responded post-Burlington. The article argues for a more consistent and expansive interpretation that aligns with the remedial purpose of anti-retaliation provisions and suggests practical approaches for courts and employers to navigate this complex legal terrain.