United States: Supreme Court Says Title VII's Anti-Retaliation Provision Allows For Third-party Retaliation Claims

Does Title VII's anti-retaliation provision allow for third-party retaliation claims? Yes, according to the U.S. Supreme Court's recent decision in Thompson v. North American Steel, LP, 131 S. Ct. 863 (2011). In the wake of this decision, employers must not only be aware of the protected conduct of employees being considered for discipline or termination, but also of the protected conduct of other employees with whom those being disciplined or terminated have a close personal relationship. If employers aren't careful, they may find themselves as named defendants in a third-party retaliation claim. Rumberger, Kirk & Caldwell attorney Brian Hayden discusses some of the legal challenges to employers created by the Thompson decision.

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