Walsh v. Irvin Stern's Costumes, Inc. - ED Pa. - August 15, 2006
http://www.paed.uscourts.gov/documents/opinions/06D1024P.pdf
The court granted plaintiff's motion to reinstate her Title VII retaliation claim, which was based on her allegation that the employer a) fired her 3 weeks after she told management that she was pregnant and b) had threatened to seek criminal charges against her unless she withdrew her discrimination claim.
The court noted that the 3d Circuit case law, on which its prior dismissal had been based, had been "specifically and squarely" overturned by the US Supreme Court, in Burlington Northern & Santa Fe Rwy. v. White, 548 U.S. ___, 126 S.Ct. 2405 (2006) which "articulated a new, less stringent test for Title VII retaliation cases."
The prior dismissal was based on Robinson v. City of Pittsburgh, 120 F.3d 1286 (3d Cir. 1997), where the court held that in order to satisfy the "adverse employment action" element of a Title VII case, the employer's retaliatory action had to affect the plaintiff's current or future employment. This holding was specifically abrogated in Burlington Northern , where the court held that "a plaintiff need only show the employer's actions 'would have been materially adverse to a reasonable employee or job applicant.' " 126 S.Ct. at 2409.
