Expanding the Scope of the Expansive Approach: The Burlington Northern Standard as a Per Se Approach to Federal Anti-Retaliation Law

This Note examines the United States Supreme Court’s construction of workplace retaliation under Title VII of the Civil Rights Act of 1964 and advocates for the application of this approach to the scores of other federal statutes containing provisions making it unlawful for employers to discriminate against employees who participate in protected activities. This Note contends that the expansion of this approach to all federal anti-retaliation laws is not only consistent with the Supreme Court’s historical treatment of retaliation, but it would also prevent specious claims from reaching trial while promoting the enforcement of the underlying substantive law.