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 distinc-
tions or differences in treatment that injure protected individu-
als." Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53,
59 (2006). The Court explained that Congress intended this
             A SOCIETY WITHOUT A NAME v. VIRGINIA                    17
broad language to "prevent[ ]" a public entity from "interfer-
ing . . . with . . . efforts to secure or advance enforcement of
the" underlying statute. Id. at 63. The retaliation must merely
be "materially adverse" to a reasonable person, i.e. sufficient
to "dissuade[ ] a reasonable [person] from" charging discrimi-
nation. Id. at 68 (internal quotation omitted). Ultimately,
"[c]ontext matters," making discovery particularly appropriate
to flesh out factually plausible allegations. Id. at 69.

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