Labor: Third Party Retaliation Claims
The U.S. Supreme Court examines whether a third party can sue under Title VII
December 19, 2010 at 07:00 PM
10 minute read
The original version of this story was published on Law.com
Earlier this month, the U.S. Supreme Court heard oral arguments in Thompson v. North American Stainless, which could significantly alter the scope of protection against workplace retaliation under Title VII of the Civil Rights Act. Specifically, the Thompson case presented the following question to the Court: Does Title VII's anti-retaliation provision prohibit an employer from retaliating against a third party (e.g., a spouse, family member, or fianc?e) who is closely associated with an employee who complains of discrimination even though the third party personally has not engaged in protected activity?
Three years after Eric Thompson began working at North American Stainless, Miriam Regalado became employed there as well. Thompson and Regalado began dating, eventually became engaged and, later, married. In September 2002, while engaged to Thompson, Regalado filed a charge of discrimination against the company with the Equal Employment Opportunity Commission (EEOC), alleging gender discrimination. On February 13, 2003, the EEOC advised North America Stainless of Regalado's charge. Less than a month later, on March 7, 2004, Thompson was terminated by the company. Thompson claimed North American Stainless terminated him in retaliation for his then-fianc?e's pending charge of discrimination. The company contended that the termination was due to Thompson's on-going performance issues.
Thompson ultimately sued North American Stainless in the U.S. District Court for the Eastern District of Kentucky, arguing wrongful termination under Title VII. The district court granted the company's motion for summary judgment, finding that Title VII does not permit a claim of retaliation by a third-party. The U.S. Court of Appeals for the 6th Circuit, in an en banc ruling, agreed. The 6th Circuit specifically held that only those who personally engaged in protected activity are protected from retaliation by the employer.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5First Lawsuit Filed Alleging Contraceptive Depo-Provera Caused Brain Tumor
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250