Press & News

Jerry Maatman Quoted in Business Insurance
04/24/2006

An article ("Court to decide retaliation suit limits; Decision in case could increase claims against employers") in the April 24, 2006 issue of Business Insurance notes the oral arguments the U.S. Supreme Court heard in the case of Burlington Northern & Santa Fe Railway Co. vs. Sheila White "that could have a significant impact on employers' ability to make personnel decisions."

"In a decision that is expected by the end of June, the high court will define when an employer can be sued for retaliation under the federal Civil Rights statutes. And if the court ultimately gives a broad definition of retaliation, employer attorneys say management could find it more difficult to make personnel decisions about current employees who have previously voiced discrimination complaints and could likely increase the number of trivial retaliation claims against employers."

"This case, depending on how the Supreme Court rules, could hamstring employers and make it much more difficult to make a personnel decision that adversely affects the employees and not be sued over it,'' said Gerald Maatman, a partner with Seyfarth Shaw LLP in Chicago. "`This is a case that's going to, more likely than not, clarify what exactly the burden of proof is'' in retaliation cases, he said. ``Certainty is good and it's going to help with that, but it has the potential to tip the balance one way or another.''