The newest development in this arena is the increasing acceptance by the courts of retaliatory harassment as an actionable claim. The increasingly majority view is that actionable retaliation claims may be based not only on so-called "ultimate employment actions" (like termination or demotion) but also on harassment suffered by plaintiffs at the hands of supervisors or even co-workers. Last month, the Third Circuit joined the majority of the circuits by holding such in Jensen v. Potter, No. 04-4078 (3d Cir. Jan. 31, 2006). The Fifth and Eighth Circuits are the only remaining holdouts.