Thompson v. North American Stainless
Issues
Does Title VII’s anti-retaliation provision prohibit an employer from retaliating against a third-party friend or family member of an employee who filed a workplace discrimination complaint and, if so, may the third-party victim sue the employer for retaliation?
Petitioner Eric L. Thompson, a metallurgical engineer formerly employed by Respondent North American Stainless (“Stainless”), sued Stainless under Section 704(a) of Title VII of the Civil Rights Act of 1964, alleging that Stainless fired him in retaliation for a gender discrimination complaint his then-fiancée (and now wife) Miriam Regalado filed against Stainless with the Equal Employment Opportunity Commission (“EEOC”). The Sixth Circuit found that Thompson did not have standing to sue Stainless and dismissed his complaint. Thompson argues that Title VII not only prohibits third-party retaliation but also gives third-party victims standing to sue, primarily because this furthers Title VII’s goal of eliminating discrimination and is consistent with the EEOC’s longstanding interpretation of Title VII. In opposition, Stainless argues that Section 704(a) does not give those third parties standing to sue the allegedly retaliating employer because permitting such an action would contradict congressional intent and unnecessarily curtail employers’ ability to manage their workforces.
Questions as Framed for the Court by the Parties
Section 704(a) of Title VII forbids an employer to retaliate 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?
North American Stainless (“Stainless”) owns and operates a facility that manufactures stainless steel in Kentucky. See Thompson v. North American Stainless, LP, 567 F.3d 804, 806 (6th Cir.
The authors would like to thank former Supreme Court Reporter of Decisions Frank Wagner for his assistance in editing this preview.
Additional Resources
· U.S. Equal Employment Opportunity Commission: Retaliation
· LII: Employment Discrimination
· Ohio Employer’s Law Blog, Jon Hyman: Following Up on Thompson v. North American Stainless – The Tea Leaves of Associated Retaliation (June 30, 2010)