So far, 2011 is turning out to be a banner year for decisions expanding the anti-retaliation provisions of several federal statutes. In recent months, the United States Supreme Court issued three (3) significant decisions which expanded the scope of protections against retaliation for employees.
On January 24, 2011, the Supreme Court issued its decision in Thompson v. North American Stainless, LP, __ U.S. __ (2011), the Court held that protection from retaliation extends beyond the employee who actually opposed discrimination to her fiancé who also worked for the employer. Title VII of the Civil Rights Act (“Title VII) makes it “an unlawful employment practice for an employer to discriminate against any of his employees … because he has opposed an unlawful employment practice or because he has made a charge under Title VII” (42 U.S.C. § 2000e-3). The Court concluded that taking a retaliatory adverse action against the fiancé, the employer was hurting the employee who engaged in the protected activity of opposing discrimination at work.
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