Supreme Court Changes Rules On Retaliation Suits
Posted by: Holly Brady
January 27, 2011
Topic: Employment Law
US SUPREME COURT RULES TO ALLOW CLAIM OF RETALIATION BY THIRD PARTY
On January 24, 2011, the United States Supreme Court unanimously ruled that the fiancé of a woman who filed a sex discrimination complaint is protected by the anti-retaliation provisions of Title VII. The plaintiff, Thompson, and his fiancée both worked for North American Stainless, LP ("NAS"). Three weeks after NAS was notified that Thompson's fiancée had filed a complaint of sex discrimination, Thompson's employment was terminated.
Thompson filed a complaint alleging a claim for retaliation in federal court. The trial court and the court of appeals dismissed the claim finding that the anti-retaliation provisions of Title VII do not extend to individuals other than those who actually complain of discrimination. The United States Supreme Court granted certiorari and reversed the lower courts' rulings.
In the majority opinion written by Justice Scalia, the court found that the anti-retaliation protections of Title VII were intended to extend beyond the class of individuals who actually complain of discrimination. The Court reasoned that it was "obvious" that a reasonable worker might be dissuaded from engaging in protected activity by complaining of discrimination if the employee knew that her fiancé would be fired. The Court, therefore, held that Title VII's anti-retaliation protections were intended to extend to individuals like Thompson who are the alleged targets of retaliation.
The Court declined to identify a fixed class of relationships which might warrant the protection of the anti-retaliation provisions noting that such a determination will depend upon the particular circumstances of each case.
Extending the protections of the anti-retaliation provisions is a significant consideration for employers. Often times, defending a retaliation claim is more challenging than defending an employer on an underlying charge of discrimination. Retaliation claims captured the number one spot for EEOC complaints in 2009 representing 36 percent of all charges filed. In light of the Court's decision to further expand the class of individuals who have standing to bring such a claim, it is reasonable to expect the number of retaliation claims to continue to climb.
Please be sure to consult with an employment lawyer before making employment decisions which might be construed as retaliatory. It is best to analyze the decision before it is made rather than working to defend a decision after it is made and the facts are established. Sound pre-termination employment advice is often your best defense.
The contents of this blog post are intended for general information purposes only and should not be construed as legal advice.
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