Retaliation: Employee Who was Fired Because His Fiancée Filed a Discrimination Charge had a Claim for Retaliation.
The U.S. Supreme Court ruled that an employee could maintain a claim of retaliation even when he himself did not engage in the protected activity of filing a discrimination charge. The Court reasoned that an employer may engage in retaliation against an employee who complains of discrimination by taking action against others as well as against the complaining employee. When the employer does so, the employee who was adversely affected can maintain his own action for retaliation even if he was not the person who engaged in protected activity. To do otherwise would allow employers to punish its employees who do engage in protected activity by taking actions against those close to them. Thompson v. North American Stainless, 131 S. Ct. 863 (2011)