A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)

Citation: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Parent Document: A Society Without a Name v. Commonwealth of Virginia, 655 F.3d 342 (2011)
Jurisdiction: United States (federal)
Effective Date: 2011-08-24
Original Source: https://www.courtlistener.com/opinion/612506/a-society-without-a-name-v-commo... ↗

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Five years ago, in the Title VII context, the Supreme Court interpreted precisely the same language as that at issue here— “discriminated against” — and held that it “refers to distinctions or differences in treatment that injure protected individuals.” Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 59, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006). The Court explained that Congress intended this broad language to “prevent[ ]” a public entity from “interfering ... with ... efforts to secure or advance enforcement of the” underlying statute. Id. at 63, 126 S.Ct. 2405. The retaliation must merely be “materially adverse” to a reasonable person, i.e. sufficient to “dissuade[ ] a reasonable [person] from” charging discrimination. Id. at 68, 126 S.Ct. 2405 (internal quotation omitted). Ultimately, “[c]ontext matters,” making discovery particularly appropriate to flesh out factually plausible allegations. Id. at 69,126 S.Ct. 2405.

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