The United States Supreme Court announced Tuesday, June 29, 2010, that it would review a case, Thompson v. North American Stainless, No. 09-291, to decide whether the anti-retaliation provision in Title VII extends protection to family members and others closely associated with an employee that engages in protecting activity by reporting or opposing discrimination in the workplace.
The questions framed in the petition for certiorari are as follows:
Section 704(a) of Title VII forbids an employer from retaliating against an employee because he or she engaged in certain protected activity. The questions presented are: (1) Does section 704(a) forbid an employer from retaliating for such activity by inflicting reprisals on a third party, such as a spouse, family member or fiancé, closely associated with the employee who engaged in such protected activity? (2) If so, may that prohibition be enforced in a civil action brought by the third party victim? This case has previously been discussed in earlier postings: "Retaliation Prohibitions Narrowed by Sixth Circuit" and "Employer's Retaliation Against Fiancee of Employee Charging Discrimination Violates Title VII."
SCOTUSBLOG has the petition for certiorari at its site here.
