U.S. Supreme Court Decision Expands

U.S. Supreme Court Decision Expands Universe of Employees Protected from Retaliation Following Filing of an EEOC Complaint, Rainey Kizer’s Dexter Says

Jackson, TN (April 24, 2012) – The Supreme Court decision in Thompson v. North American Stainless, LP, 131 S. Ct. 863 (2011), creates a new, but ambiguously defined, group of employees protected from retaliation following the filing of a complaint with the EEOC, according to V. Latosha Dexter, SPHR, an employment law attorney at Rainey, Kizer, Reviere & Bell, P.L.C. (Rainey Kizer).

“The North American Stainless case lays a mine field for employers,” Dexter commented. “It allows third-party claims for retaliation by employees having a significant relationship with a complainant, but fails to specify what constitutes such a relationship. The opinion made clear that a fiancée or spouse has Title VII retaliation protection, but failed to identify a fixed class of relationships for which third-party reprisals are unlawful.”

“The 2006 Supreme Court decision in Burlington Northern & Santa Fe Railway v. White greatly expanded the scope of actions potentially considered retaliatory, resulting in increased focus on retaliation claims by the plaintiffs’ bar,” Dexter noted. “From a litigation aspect, employers now face not only one but possibly two or more claims – a claim from the employee engaging in the protected activity and a possible association claim upon adverse action taken against a significant other.”

“These cases highlight the importance and necessity of an employer articulating a legitimate, nondiscriminatory reason for all employment actions. As always, employers must exercise due diligence in all decisions adversely impacting employees,” Dexter advised.

Dexter outlined the issues raised by the court decision in “An Eye for An Eye, Associational Discrimination Claims: Thompson v. North American Stainless,” published in the April, 2012 edition of HRprosMemphis magazine. The complete article is available online at bit.ly/Dexter-HRpros-4-12.

Rainey, Kizer, Reviere & Bell, PLC is AV rated by Martindale-Hubbell and was named a Go-To Firm® by Fortune 500 general counsels. The full-service law firm with offices in Jackson and Memphis, TN represents local, state, and national clients before state and federal courts and regulatory agencies throughout the Mid-South. For more information visit www.raineykizer.com.

For additional information on this release, please contact:

Casey Smith

Phone: (731) 426-8122

Email: csmith@raineykizer.com

Source: Rainey, Kizer, Reviere & Bell, P.L.C.

Website: https://raineykizer.com