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ABA Section of Litigation Annual Conference, April 11-14, 2007: Key Trends and Issues in 2007 for Employment Litigation 1 Key Trends and Issues in 2007 for Employment Litigation: How to Retaliate After Burlington Northern & Santa Fe Railway Co. v. White Diane A. Seltzer The Seltzer Law Firm Washington, D.C. INTRODUCTION Burlington Northern & Santa Fe Railway Co. v. White, ___ U.S. ___, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006) changed the legal standard for proving retaliation claims under Title VII...

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