Supreme Court Supports Third-Party Retaliation Claim — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Supreme Court Supports Third-Party Retaliation Claim

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in Human Resources

A unanimous U.S. Supreme Court has determined that an employee who has not engaged in a protected activity has standing to sue for retaliation under Title VII. 


This ruling further broadens Title VII's anti-retaliation provision. Whether it will result in a wave of third-party retaliation claims remains to be seen, but the fact is, retaliation claims are already on the rise. For the first time ever, in fiscal year 2010, retaliation under all statutes (36,258) surpassed race (35,890) as the most frequently filed charge with the Equal Employment Opportunity Commission (EEOC). 


Background: An employee and his fiancée worked for the same company. The employee was fired three weeks after his fiancée filed a sex discrimination complaint with the EEOC.


District court's ruling: Title VII does not permit third-party retaliation claims.


Appeals court's ruling: The employee did not engage in any statutorily protected...(register to read more)

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