The Supreme Court is set to provide a definition of what constitutes employer "retaliation" after accepting a case dealing with the subject. The issue, which has arisen in every federal appellate circuit, is one of increasing importance in labor law, because retaliation complaints account for the fastest-growing type of discrimination case. No governmental body has defined retaliation, though employers have been prohibited from the act for over forty years.
See "Court to Rule on What Constitutes Employer Retaliation", Linda Greenhouse, The New York Times, December 5, 2005