Employment Litigation · Primary-source case analysis

Thompson: Firing a Worker’s Fiancé Could Support a Title VII Retaliation Claim

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

Discuss the procedural record

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