On January 27, 2022, Justice Stephen Breyer formally announced his retirement from the nine-member U.S. Supreme Court, effective at the start of the 2022 summer recess.
In his nearly three decades on the bench, Justice Breyer became known as a pragmatic justice who sought compromise and shunned the spotlight. He once wrote, “The real-world consequences of a particular interpretive decision, valued in terms of basic constitutional purposes, play an important role in constitutional decision making.” This approach to jurisprudence is especially apparent in his decisions establishing the scope of Title VII’s anti-retaliation provision, the definition of a complaint under the Fair Labor Standards Act (FLSA), and the scope of prohibited acts under sections 1981 and 1983 of the Civil Rights Act of 1866. While generally considered “wins” for employees, Justice Breyer provides concise and clear guidance for employers seeking to avoid liability under these laws. Highlighted below are some of Justice Breyer’s most notable employment law decisions.
Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006)
Bottom Line: Expanded the scope of retaliation under Title VII to include actions and harms beyond those directly affecting employment terms and conditions to prohibit...
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