Court Hears Discrimination Case

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E.J. Graff does a very good job explaining Burlington Northern v. White, a case currently before the Supreme Court that will basically decide how much protection to afford whistleblowers who speak out against workplace discrimination. Here’s the basic dilemma:

Different appeals courts have come to different conclusions on how you define retaliation. The Sixth Circuit declared that “materially adverse” was the standard, and that what happened to White [i.e., transferred to a different job and being suspended for 37 days without pay for speaking out against gender discrimination] counted under that standard.

Other circuits have said that it’s only retaliation if it involves an “ultimate employment decision” like failing to hire, failing to promote, or firing. Still others stand with the little gal: Any action that is “reasonably likely to deter” you from reporting discrimination — say, a “lateral transfer” — counts as retaliation, and you can sue.

Judging from the oral arguments, Graff reports, the Supreme Court will probably rule with White and set somewhat broad standards on what employers aren’t allowed to do to retaliate. Interestingly enough, Scalia will probably rule against the employers, while Roberts and Alito will likely side with the company—more evidence for the idea that the White House ultimately nominated the people it did primarily with business interests in mind.

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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