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California Western School of Law

Faculty Scholarship

2011

Third-party retaliation

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The Supreme Court’S Open-Ended Protection Against Third-Party Retaliation Doctrine, Jessica Fink Jan 2011

The Supreme Court’S Open-Ended Protection Against Third-Party Retaliation Doctrine, Jessica Fink

Faculty Scholarship

In January 2010, the Supreme Court finally had the opportunity to express its view regarding the viability and scope of the third-party retaliation doctrine. In Thompson v. North American Stainless, LP, the Court contradicted the federal appellate courts and unanimously held that Title VII prohibits employers from engaging in third-party retaliation. This article analyzes the consequences of this decision.