Law Commons^™

Protected By Association? The Supreme Court’S Incomplete Approach To Defining The Scope Of The Third-Party Retaliation Doctrine, Jessica Fink

Faculty Scholarship

For decades, courts have struggled with how to treat claims of "third-party retaliation"- situations where one employee engages in some protected activity for purposes of Title VII but where the employer retaliates not against that employee, but rather against one of her coworkers-her spouse, or sibling, or mere workplace acquaintance. With its January 2011 decision in Thompson v. North American Stainless, LP, the U.S. Supreme Court finally has weighed in on this issue, deeming employees protected against third-party retaliation under Title VII.

This Article stands as one of the first in-depth examinations of Thompson and its potential impact on both …