• 28
  • January
    2011

Earlier this week, the United States Supreme Court handed down a decision that represents good news for many employees that have been victims of retaliation by their employers. In a unanimous decision, the Supreme Court decided that employers who terminate or otherwise retaliate against employees because of discrimination complaints filed by family members or other close associates, could be sued under Title VII of the Civil Rights Act for workplace retaliation.

The case originated with a man and his fiancée that worked for the same company. The man's fiancée filed a sexual discrimination complaint with the Equal Employment Opportunity Commission (EEOC), and then three weeks later the company responded by firing the man. The man then sued the employer claiming that the firing was made in retaliation for his fiancée's discrimination complaint.

The employee lost his case in the federal district court and the court of appeals, but the Supreme Court decided to hear the case because different federal courts had come to different conclusions on the right of a third-person to bring a retaliation claim.

In their decision, the Supreme Court concluded that not allowing a retaliation claim in this case would stifle legitimate and protected activities such as filing discrimination claims. Although an argument was made that only the person that actually files a complaint can be the one retaliated against, the court rejected that argument and determined that anyone within the same "zone of interests" can bring the retaliation claim.

If you have been subjected to discipline or the termination of your employment after filing a complaint about harassment or discrimination, you may have a claim for employment retaliation. In those cases, you may want to speak with an employment attorney about your options.

Source: Legal Intelligencer, High Court Says Third Parties Can Sue in Retaliation Cases, Marcia Coyle 1/25/11