Tim Watson Quoted in Houston Chronicle

An article in the June 22 Houston Chronicle on a recent U.S. Supreme Court ruling ("Ruling widens ability to sue - Decision favors workers, defines retaliation broadly") noted that workers can sue (in jury trials) for what they reasonably believe is retaliation for filing a discrimination complaint. The case before the Supreme Court involved a forklift operator who worked for BNSF Railway Co. in Tennessee. Sheila White complained to the company that her boss was harassing her. The company investigated and suspended White's boss for 10 days, but at the same time reassigned White to a harder and dirtier job as a laborer on the tracks. She filed two retaliation complaints with the Equal Employment Opportunity Commission, and a few days later, after the second one was filed, White was suspended without pay for insubordination. Although the company later decided she wasn't insubordinate and gave her back pay for the 37 days she was suspended, White filed another claim of retaliation. A jury agreed and awarded White $43,500. The railway company appealed the verdict.

The Supreme Court said it took up the case because of the uneven application of the law by the appellate courts. Some define retaliation broadly, while others, like the 5th U.S. Circuit Court of Appeals, which has jurisdiction over Texas, interprets the law more narrowly. The court's decision was unexpected, said employment lawyer Tim Watson with Seyfarth Shaw in Houston. Considering how conservative the court is, he said, he thought it would have issued a decision favoring employers. It's clear that employers will now have to spend more time in court over claims of retaliation, Watson said.