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

I agree with the majority’s treatment of “adverse employment actions” under Title VII, and accordingly join Parts I — III of its opinion in full. I respectfully dissent, however, from the majority’s resolution of the punitive damages issues, and accordingly write separately to explain my disagreement with Parts IV-V of the Court’s opinion.

At the trial in this case, the district court instructed the jury that it may award punitive damages under Title VII only if the plaintiff proved that she was entitled to them by “clear and convincing” proof. In arguing that the district court erred in this…