National Women's Law Center

For Immediate Release: Friday, March 10, 2006

Contact: Ranit Schmelzer or Jenice Robinson, 202-588-5180

NWLC Files Amicus Brief in Title VII Retaliation Case

Before Supreme Court

Case Will Be Test for New Supreme Court Members

Washington, DC – The National Women’s Law Center (NWLC) Thursday filed an amicus brief on behalf of 30 women’s and civil rights organizations in the Title VII retaliation case before the Supreme Court, Burlington Northern & Santa Fe Railway Co. v. Sheila White. The case, which will be argued on April 17, involves a woman who was first transferred to less desirable job duties and then suspended from her job without pay after she complained about sexual harassment. A jury found that she was the victim of unlawful retaliation. The Court of Appeals upheld the jury verdict, and Burlington Northern asked the Supreme Court to reverse that decision.

“The outcome of this case will determine whether people who complain about discrimination will be adequately protected from retaliation and is a real test case of the new Court’s willingness to uphold fundamental civil rights protections,” said Marcia D. Greenberger, Co-President of the National Women’s Law Center. “We strongly urge the Court to ensure that employees have meaningful protection against retaliation just as Justice Sandra Day O’Connor ensured just last year in Jackson v. Birmingham Board of Education.”

The plaintiff in this case, Sheila White, was the only woman working in the Maintenance of Way department of a rail yard operated by Burlington Northern & Santa Fe Railway Company. White was subjected to harassment by coworkers and a supervisor who believed that women did not belong in the railway yard. After White complained about the sex discrimination, her supervisors retaliated against her by transferring her from her job as a forklift operator and later suspending her for more than thirty days without pay – a suspension that would have resulted in termination had White not successfully filed a grievance. In 2005, the Sixth Circuit Court of Appeals ruled en banc that the jury had properly awarded damages to White to compensate her for the harm she suffered from the retaliation.

“The discrimination and retaliation White experienced is not uncommon for women attempting to break into traditionally male-dominated fields,” said Greenberger. “Although such jobs pay far more than positions traditionally filled by women, the risk of sexual harassment is also much higher. In far too many cases, employees have also faced the added danger of retaliation by their employees.”

“Congress enacted Title VII to protect employees from these types of retaliation, and the Court must not take these protections away.”

A copy of the amicus brief can be found at http://nwlc.org/pdf/burlingtonamicusfinal.pdf.

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