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Employment Law—Title Vii And The Anti-Retaliation Provision—Beyond Employment And The Workplace: The United States Supreme Court Resolves The Split And Shifts The Balance. Burlington Northern & Santa Fe Co. V. White, 126 S. Ct. 2405 (2006)., Kaylin Redman Hart Apr 2007

Employment Law—Title Vii And The Anti-Retaliation Provision—Beyond Employment And The Workplace: The United States Supreme Court Resolves The Split And Shifts The Balance. Burlington Northern & Santa Fe Co. V. White, 126 S. Ct. 2405 (2006)., Kaylin Redman Hart

University of Arkansas at Little Rock Law Review

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 …


Constitutional Law—First Amendment And Congress's Spending Clause Power—The Supreme Court's Supports Military Recruiters And The United States Military's Discrimination Against Homosexuals Despite Law Schools' Protests. Rumsfeld V. Forum For Academic & Institutional Rights, Inc., 126 S. Ct. 1297 (2006)., Matthew K. Brown Jan 2007

Constitutional Law—First Amendment And Congress's Spending Clause Power—The Supreme Court's Supports Military Recruiters And The United States Military's Discrimination Against Homosexuals Despite Law Schools' Protests. Rumsfeld V. Forum For Academic & Institutional Rights, Inc., 126 S. Ct. 1297 (2006)., Matthew K. Brown

University of Arkansas at Little Rock Law Review

p> This note examines the forces in play leading up to the United States Supreme Court's decision in Rumsfeld v. Forum for Academic & Institutional Rights, Inc., a case in which the Court upheld a federal law conditioning the receipt of federal funding by law schools (and other institutions of higher learning) on those schools granting United States Military recruiters equal access to students, despite First Amendment claims brought by those schools. This note first explores the facts leading to the controversy that culminated in an appeal to the Supreme Court. Next, this note explores the background of the issues …