Supreme Court Ruling Bolsters Ability of Third-Party Employees to Bring Retaliation Suits

In a decision bound to affect all employers, on Jan, 24, 2011, the Supreme Court unanimously held that the anti-retaliation provisions of Title VII of the Civil Rights Act of 1964 (“Title VII”) not only protect employees who challenge discrimination, but also co-workers who are related to or a close associate of the employee alleging discrimination. The Supreme Court's ruling in Thompson v. North American Stainless, LP, No. 09-291, expands upon its previous ruling in Burlington Northern and Santa Fe Railway Co. v. White. In Burlington, the Supreme Court held that the anti-retaliation provisions in Title VII prohibit actions that would dissuade a reasonable employee from making or supporting a charge. The Court's recent ruling in Thompson holds that individuals have a right to file a Title VII claim for “association” retaliation as well. By recognizing association retaliation, the Supreme Court has enlarged the field of potential plaintiffs in retaliation cases, and has allowed the petitioner to move forward with a lawsuit against his former employer for his termination, which came weeks after the company learned that his fianc'e, who had also worked for the company, filed a complaint of discrimination with the Equal Employment Opportunity Commission (“EEOC”).