Bloomberg Law
Oct. 31, 2022, 1:33 PM

Supreme Court Rejects Art Teacher’s Retaliatory Harassment Case

Robert Iafolla
Robert Iafolla
Senior Legal Reporter

The US Supreme Court decline to consider what threshold courts should apply to decide if an employer’s conduct was severe enough to support a claim for retaliatory harassment in violation of federal age discrimination law.

At issue was whether the Supreme Court’s 2006 ruling in Burlington Northern & Santa Fe Railway Co. v. White, which says employers can be liable for conduct that would discourage workers from making or supporting age bias charges, also applies to retaliatory harassment claims.

Former New York City art teacher Yvonne Massaro was trying to revive her lawsuit alleging the school board punished her ...