It has been almost three years since the U.S. Supreme Court decided Thompson v. North American Stainless,1 a case that opened the door to an ever-evolving new category of retaliation plaintiffs.
Pre-Thompson, federal retaliation claims were typically brought against employers by one type of plaintiff: an employee claiming to have suffered adverse action in retaliation for his or her engagement in protected activity, such as complaining to management about discrimination. Thompson significantly expanded the reach of the already broad anti-retaliation provision of Title VII of the Civil Rights Act of 1964 by endorsing the concept that federal anti-retaliation law can cover certain claims brought by third parties who did not engage in protected activity. The so-called “third-party retaliation” cause of action allows an individual who is related or otherwise connected to a discrimination complainant to assert that he or she was retaliated against for the complainant’s protected activity. For example, a plaintiff who works for the same employer as her husband might allege that she was fired in retaliation for her husband having sued the employer for race discrimination.
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