New Supreme Court Ruling
/ 01.Mar, 2011
New Supreme Court Ruling Expands Employees’ Rights to Bring Retaliation Claims
Do you know what type of claim is most commonly filed with the EEOC? In 2010, 36.3% of all EEOC filings included a claim for retaliation – the most common type of claim filed with the EEOC in 2010. Do you know what type of claim we expect to see even more of next year? Yes, retaliation claims. Thanks to a recent Supreme Court case, Thompson v. North American Stainless Steel, LLP
(January 24, 2011 ruling), it is likely that the rate of retaliation claims will increase, due to the Supreme Court’s ruling that such claims may now be pursued by individuals who are “closely related” to an employee who previously engaged in protected activity under Title VII of the Civil Rights Act. For complete analysis of the Thompson
holding, please visit our website.
For employers looking to avoid claim, the lesson to be learned from the Thompson
holding is to tread carefully when an employee engages in protected activity under Title VII. Employers need to avoid the appearance of any tainting of their perceptions or treatment of any employee who either engages directly in protected activity, assists another in engaging in protected activity or is a close associate (family member, partner, close friend) to an employee who engaged in protected activity.
For more information or for assistance with any employment-related matter, please contact the Watchdogs at firstname.lastname@example.org