Adding Subjective Fuel to the Vague - Standard Fire : a Proposal for Congressional Intervention after Burlington Nor

When the United States Supreme Court decided Burlington Northern & Santa Fe Railway Co. v. White' on June 22, 2006, it created an uberprotected class of those workers who have complained of discrimination or participated in some way in the resolution or investigation process of their own or someone else's charge of discrimination. The Court's eagerly anticipated 2 decision in White ties the hands of employers without sufficient need and, more importantly, without sufficient basis in the relevant statute 3 or its underlying policy goals. While protection for whistleblowers is of utmost importance in today's workplace,4 the Court