Supreme Court Issues Decision Protecting Employees From Retaliation

The Supreme Court issued a decision today in the case of Thompson v. North American Stainless, LP. The Court held that an employee who was fired after his fiancé filed a sex discrimination charge with the EEOC could bring a claim under Title VII, the section of the Civil Rights Act that protects against workplace discrimination. It also prohibits employers from taking action that might dissuade a reasonable worker from complaining about workplace discrimination. The employer in the case argued that only the employee who brought the discrimination complaint could sue – not her fiancé.

In an opinion written by Justice Scalia, the Court rejected this argument and noted, “We think it obvious that a reasonable worker might be dissuaded from engaging in protected activity if she knew that her fiancé would be fired.” In other words, the purpose of Title VII would be undermined if an employer could simply fire a third party to punish an employee who speaks up about illegal discrimination.

The Court also had to address whether a third party like the plaintiff in this case had standing to challenge the employer’s action. The Court determined that an employee constitutes a “person aggrieved” and is eligible to bring a Title VII challenge when that person “falls within the ‘zone of interests’ sought to be protected by the statutory provision.” Because Title VII was meant to protect employees from their employers’ unlawful actions, Thompson was protected by the statute. The Court declined to say how far this zone of protection extends, but did not have difficulty extending it to the fiancé of the person who filed a discrimination complaint.

Justice Kagan took no part in the Court’s decision, presumably because she participated in drafting the Solicitor General’s certiorari stage brief, which was filed in May 2010, just after she stepped down as Solicitor General.

AFJ has more analysis of this and other cases before the Supreme Court on our website, “The Corporate Court’s 2010-11 Docket.”

Alliance for Justice presents “Forced Arbitration and the Roberts Court: How Hidden Clauses in Everyday Contracts Can Take Away Your Rights”

On November 10, 2010, Alliance for Justice hosted a panel in San Francisco to discuss the importance and potential ramifications of the U.S. Supreme Court case, AT&T Mobility v. Concepcion.

The panel comprised three distinguished attorneys who practice in the fields of consumer and employee rights: Arthur Bryant of Public Justice, Cliff Palefsky of McGuinn, Hillsman & Palefsky, and James Sturdevant, AFJ board member and Principal of The Sturdevant Law Firm.

This event was held just one day after the Supreme Court heard oral arguments in AT&T v. Concepcion, which may have the effect of severely restricting individuals’ ability to seek justice in the courts by use of class action law suits.

All three panel members emphasized the immensity of what is at stake in this case – the ability of large corporations to effectively shield themselves from liability for their wrongdoings and prevent everyday citizens from grouping together to address these wrongdoings in a class action lawsuit.

The panelists agreed that Tuesday’s oral arguments went better than they had anticipated, but that it is still quite unclear exactly how the Court will decide. Although the panelists expressed a reserved optimism that the Court would decide this case favorably, they maintained that regardless of the Court’s decision in this case, there are a number of other cases the Court will be decide on similarly pivotal issues concerning access to justice. Forced arbitration clauses and restrictions on class action suits are but two examples of ways in which large corporations are skewing justice in their favor.

The event was held in collaboration with National Employment Lawyers Association, The Employee Rights Advocacy Institute for Law & Policy, Public Justice, and the Bay Area Lawyers Chapter of the American Constitution Society.

For more information on the details of this case, AFJ has released this report, and AFJ President Nan Aron has written this article for Change.org.