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Associational discrimination: How close is close enough?

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in Discrimination and Harassment,Employment Law,Human Resources

Last year, in Thompson v. North Am. Stainless, the 6th Circuit recognized a claim under Title VII’s anti-retaliation provision for associational retaliation: “Title VII prohibit[s] employers from taking retaliatory action against employees not directly involved in protected activity, but who are so closely related to or associated with” employees who engage in protected activity. I remain critical of this standard because it leaves open the issue of how close is close enough.

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