In Thompson v. N. Am. Stainless, LP, 562 U.S. 170, 131 S. Ct. 863, 178 L. Ed. 2d 694 (2011), the Supreme Court ruled that a third-party may have a cause of action for retaliation against their employer, even if they were not participating in the protected activity. In this case, an employee filed a complaint against her employer with the Equal Opportunity Commission (EEOC) for sex discrimination. Once the employer was put on notice about the complaint filed against them, it only took about three weeks until they fired the employee’s spouse. The spouse then brought a retaliation claim against the employer alleging he was terminated based on his wife filing a complaint. The relevant section of Title VII prohibits an employer to “discriminate against any of his employees … because he has … made a charge … under this title.” The lower courts ruled against the employee finding that he did not have a cause of action since he was not the one to file the complaint. However, the Supreme Court held that the retaliation provision must be read broadly to include a wide range of employer actions.
Philadelphia Employment Lawyers at the Law Offices of Sidkoff, Pincus & Green Handle Employment Litigation Matters
Philadelphia employment lawyers at the Law Offices of Sidkoff, Pincus & Green advocate on behalf of victims of retaliation in the workplace. To discuss your case with one of our knowledgeable and highly skilled Philadelphia employment lawyers, call 215-574-0600 or contact us online.