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Supreme Court rules on third-party retaliation: Relatives protected

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in Discrimination and Harassment,Employment Law,Firing

by Michael W. Fox and Tom Barnard, Esqs.

The U.S. Supreme Court has held that an employee who was fired shortly after his fiancée filed a bias charge against their employer may sue for third-party retaliation under Title VII of the Civil Rights Act.

According to the court, the employee could be considered an “aggrieved person” under Title VII because he was “well within the zone of interests sought to be protected by Title VII.”

The case is Thompson v. North American Stainless, LP (No. 09–291, U.S. Supreme Court, 2011). (See “Supreme Court expands retaliation prohibitions.”)

Complaint, then a firing

Eric Thompson and his fiancée, Miriam Regalado, were employees of North American Stainless, LP (NAS). Three weeks after Regalado filed an EEOC sex discrimination charge against NAS, the company fired Thompson.

Thompson then sued NAS under Title VII, claiming the company fired him to retaliate against Regalado for filing her EEOC ...(register to read more)

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