Sixth Circuit Recognizes Claim of Third Party Retaliation
Earlier today, the Sixth Circuit expanded the class of people protected by Title VII’s anti-retaliation provisions to include people who did not personally engage in activity protected by the statute, but who are so closely related to or associated with those who did. In a 2-1 decision, the court, in Thompson v. North American Stainless, held that Eric Thompson could proceed with his claim that he was discharged by North American Stainless in retaliation for an EEOC charge that had been filed by Thompson’s fiancé.
The district court had granted summary judgment in North American Stainless’ favor, because the statute does not specifically address retaliation against third parties, but the majority reversed that decision, based on the EEOC’s compliance manual and its view of the equities involved. In dissent, Judge Griffin argued that because the statute is unambiguous, the court was required to affirm the trial court.
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Attorney Spotlight
Deborah S. Adams is a member of Frost Brown Todd LLC and practices in the labor and employment law practice group. She represents management in the areas of employment discrimination and wrongful discharge.