Retaliation against an employee who complains about discrimination is unlawful. But when a female complains about discrimination and the subsequent adverse action alleged is taken against her husband or boyfriend is the victim of a third party reprisal protected? The Fifth Circuit has long held no, they are not. On the last day of the Term, the Supreme Court granted Cert. in Thompson v. North American Stainless LP, No. 09-291. Thompson was fired after his fiancee complained about discrimination. More after the jump.
A panel of the 6th Circuit overturned a grant of summary judgment (2-1), a fractured en banc opinion reinstated the summary judgment. The issues presented in the Cert. petition are
(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?
