In 2006, the U.S. Supreme Court issued Burlington Northern & Santa Fe Railway Co. v. White. At the time, some in-house lawyers worried that the high court’s decision to relax the standard for actionable retaliation under Title VII would lead to a significant change in 5th U.S. Circuit Court of Appeals jurisprudence.

No significant changes have occurred. The 5th Circuit has read Burlington Northern in the most restrictive light possible and continues to affirm summary judgment on behalf of defendants frequently, despite the high court’s ruling.