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Title VII Anti-Retaliation Protection Extended

January 12, 2011 by

The U.S. Supreme Court, in a unanimous decision, has ruled that the reach of Title VII’s anti-retaliation provision extends beyond the employee who actually files a discrimination charge. In Thompson v. North American Stainless, LP (1/24/11) the employer fired an employee whose fiancé, also an employee of the employer, had filed an EEOC sex discrimination charge against the employer. The lower courts ruled the terminated employee was not protected by Title VII since he had neither filed nor directly cooperated with the investigation of a discrimination complaint. But the Supreme Court reversed, concluding the antiretaliation protected extended to the terminated employee because the employer’s conduct would naturally discourage the fiancé from pursuing her Title VII claim.

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