Burlington Northern and Santa Fe Railroad Co. vs. White
Issue:
Were Burlington’s actions reasonable or in violation of Title VII? Or would a reasonable employee find Burlington’s actions materially adverse and therefore file a claim of discrimination?
Rule:
“The anti-retaliation provision seeks to secure that primary objective by preventing an employer from interfering (through retaliation) with an employee’s efforts to secure or advance enforcement of the Act’s basic guarantees”… “The anti-retaliation provision seeks to prevent harm to individuals based on what they do, i.e. their conduct”… “An employer can effectively retaliate against an employee by taking action not directly related to his employment of by causing him harm outside the workplace”.
Application:
Burlington had to show that a reasonable employee would have found the action actually harmful in their development by showing how it would have dissuaded them from making a charge of discrimination. Her demotion from forklift operator to track laborer was substantial since the track labor duties are more arduous and dirtier. Since White’s forklift operator position was prestigious and required more qualifications, the male employee’s resented her and retaliated. The court reasonably concluded that her reassignment would have been materially adverse to a reasonable employee.
Conclusion:
The U.S. Supreme Court affirmed the decision of the Court of Appeals.
Family Winemakers of California v. Jenkins
Background Facts:
Ever since the 22nd amendment which stopped Prohibition, most states adopted a three tier system. In this system, the producers sold to wholesalers, and the wholesalers sold to the consumer. Then wineries made it so they can sell directly to the consumer. Then the Massachusetts state legislature said that all wineries that are located outside Massachusetts can apply for a “large” winery license, which means they can choose between the three tier system or selling to the consumer directly. They cannot do both.
Issues:
There seems to be some issues with this case because it goes against the commerce clause which says that there is no discrimination under the commerce clause, and that there is no difference between in state and out of state. Therefore, giving the small wineries in MA an unfair advantage, and a large comparative advantage for large wineries.
Rule of Law: The commerce clause
Courts Application of the Law-
Since this law was supposed to protect something like this from happening, it shows that MA was invilation and was trying to better off the small wineries in MA. Whereas most of the wine in America is out-of state and they produce 98% of the wine. By making it so that small wineries can sell to the three-tier system and sell directly to the consumer is discriminatory.
Decision: Do to obvious and unfair advantage of the small wineries in MA who produce less than 30,000 gallons of wine showed that the 2006 law created by the MA legislature altered the competitive balance to favor MA wineries and disfavor out of state wineries. Therefore, Chief Judge Lynch affirmed the decision of the other courts.
Opinion: By looking at what the MA government had done to the out-of-state wineries like the ones in CA shows that they were being unfair. Under the commerce clause, the state had no right to have an unfair advantage over the other states who produce 98% of the wine.