Employment Discrimination – Retaliation – Wrongful Termination

On January 24, 2011 the Supreme Court of the United States in Thompson v. North American Stainless, LLP unanimously held that an employee who was fired after his fiancée filed a sex discrimination charge against their common employer had a valid claim of wrongful termination based on the antiretaliation provisions of Title VII of the Civil Rights Act of 1964.

In 2006 the Court held that Title VII’s antiretaliation provision was to be broadly construed to cover a wide range of employer conduct short of discharge which “well might dissuade a reasonable worker from making … a claim of discrimination.” It felt that is was “obvious that a reasonable worker might be dissuaded from making a complaint if she knew her fiancée would be fired.” Accordingly, the discharged employee could bring suit against the employer for wrongful discharge.

This has been the rule in New Jersey under its Law Against Discrimination since 1995.

This rule certainly places employers at increased risk when considering actions against the relatives and friends of a co-worker who has made a charge of workplace discrimination. The employer needs to create a verifiable record or trail which will support the claim that any adverse employment action is based on legitimate, non-retaliatory reasons.

If you have questions about this or any other issue regarding workplace discrimination, please contact Tom Barron at 856 642 6445 or at tbarron@barpostlaw.com.

-Tom Barron

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