Employment Litigation · Primary-source case analysis
Thompson: Firing a Worker’s Fiancé Could Support a Title VII Retaliation Claim
Primary source: Read the filed decision PDF.
Decision: Supreme Court of the United States, No. 09-291, decided January 24, 2011. Document: Published United States Reports opinion.
Thompson v. North American Stainless addresses third-party retaliation and who may sue.
An EEOC charge preceded the fiancé’s discharge
The employer learned that Miriam Regalado filed a discrimination charge and fired Eric Thompson, her fiancé and coworker, weeks later.
Retaliation can target a close associate
An action is prohibited if it might dissuade a reasonable worker from protected activity; harming a close family member can meet that test.
The fiancé was an aggrieved person
Thompson was not an accidental bystander because he was an employee allegedly used as the instrument of retaliation.
The dismissal was reversed
The Court allowed the claim to proceed without defining a fixed rule for every personal relationship.
Key takeaways
- Assess adverse actions affecting close associates.
- Document decisionmaker knowledge of both relationships and complaints.
- Apply the reasonable-worker deterrence standard.
- Analyze standing through Title VII’s zone of interests.
Discuss the procedural record
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