Tuesday, June 29, 2010

Supreme Court Grants Cert in Associational Retaliation Case

Before the Supreme Court of the United States went on summer break it announced that it has granted cert in Thompson v. North American Stainless, a case out of the Sixth Circuit on the issue of associational retaliation. The issues that were presented in the cert petition were:

(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?

Should be an interesting one!

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