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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That Title VII generally governs employment discrimination does not render the Title VII standard any less applicable. The Supreme Court has specifically rejected the argument that the unique context of employment animates Title VII’s antiretaliation provision. See Burlington Northern, 548 U.S. at 64-67, 126 S.Ct. 2405. Instead, the Court has broadly construed that provision to encompass retaliation outside of the workplace, recognizing that the "primary purpose” of that provision is not to address employment discrimination per se, but instead to "maintain[] unfettered access to statutory remedial mechanisms.” Id. at 64, 126 S.Ct. 2405 (internal quotation *353and brackets omitted). It is this concern— protecting access to a civil rights remedial mechanism — -that demands we give the ADA the same broad construction. --- 035concurrenceinpart by Wynn ---

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