Sheila White, Plaintiff-Appellee/cross-Appellant v. Burlington Northern & Santa Fe Railway Company, Defendant-Appellant/cross-Appellee

GWIN, D.J., delivered the opinion of the court, in which KRUPANSKY, J., joined. CLAY, J. (pp. 455-461), delivered a separate dissenting opinion.

OPINION

GWIN, District Judge.

With this appeal, we examine whether actions taken by the Appellant Burlington Northern & Santa Fe Railway Co. (“Burlington Northern” or “railroad”) were sufficiently adverse employment actions to sustain a cause of action under Title VII’s anti-retaliation provision, 42 U.S.C. § 2000e-3(a). We also review whether the district court erred when it denied the Burlington Northern’s motion for judgment as a matter of a law. In…