Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
09-291
Term
2010 Term
Oral Argument Date
December 07, 2010
Lower Court Opinion
Questions Presented
1. Does section 704(a) forbid an employer from retaliating for such activity by inflicting reprisals on a third party, such as a spouse, family member or fiancé, closely associated with the employee who engaged in such protected activity?
2. If so, may that prohibition be enforced in a civil action brought by the third party victim?
Case Updates
Supreme Court reverses third party retaliation claims under Title VII
January 24, 2011
The Supreme Court reversed the Sixth Circuit's ruling.
U.S. Chamber files amicus brief
October 29, 2010
NCLC urged the Supreme Court to affirm the Sixth Circuit’s ruling that the authorized class of claimants under Title VII is limited to persons who have personally engaged in protected activity by opposing a practice, making a charge, or assisting or participating in an investigation. In so holding, the Sixth Circuit rejected the ‘third party retaliation claim’ of an employee who was terminated shortly after his fiancée filed a discrimination claim with the EEOC against the same employer. In itsbrief, NCLC warned that Congress did not intend to permit third-party retaliation claims, and permitting the claims would require courts to draw lines between protected and unprotected conduct without congressional direction.
Case Documents
- Thompson v. North American Stainless, L.P. (NCLC Brief on Merits).pdf
- Thompson v. North American Stainless, L.P. (Decision).pdf