Legal Alert: Non-claimant employees may pursue a retaliation claim

Published Updated 8 Min Read

In Thompson v. North American Stainless, LP., the Supreme Court in a unanimous ruling determined that an employee who does not directly engage in protected activity can still assert a claim for retaliation under Title VII of the Civil Rights Act as a victim who falls within the “zone of interests” of protection afforded by the statute.

Writing for the majority, Justice Scalia stated “[w]e think it obvious that a reasonable worker might be dissuaded from engaging in protected activity if she knew that her fiancé would be fired.” And further, that the employee “is a person aggrieved with standing to sue.”


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