We think it obvious that a reasonable worker might be dissuaded from engaging in protected activity if

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“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.” —Scalia, 

Justice Facts Miriam Regalado and Eric Thompson, who were engaged to be married, both worked at North American Stainless, LP (NAS). Regalado filed a charge with the Equal Employment Opportunity Commission (EEOC), alleging sex discrimination by NAS, in violation of Title VII. Three weeks later, NAS fired Thompson. Thompson filed a charge with the EEOC, claiming that NAS fired him to retaliate against Regalado for filing her charge against NAS. Thompson sued NAS, alleging third-party retaliation, in violation of Title VII. The U.S. district court granted summary judgment to NAS and the U.S. court of appeals upheld this decision. The court of appeals reasoned that Thompson, as a third party, was not included in the class of persons who could bring a retaliation case under Title VII. Thompson appealed to the U.S. Supreme Court. Issue Does Title VII permit third-party retaliation claims against an employer? Language of the U.S. Supreme Court Title VII’s antiretaliation provision prohibits any employer action that well might have dissuaded a reasonable worker from making or supporting a charge of discrimination. 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. We conclude that Thompson falls within the zone of interests protected by Title VII. Injuring him was the employer’s intended means of harming Regalado. Hurting him was the unlawful act by which the employer punished her. Decision The U.S. Supreme Court held that Title VII grants a third party the right to file a claim against his or her employer for retaliation. The Supreme Court remanded the case for further proceedings. Note In addition, Regalado could file a charge of retaliation against NAS for retaliating against her by firing her fiance Thompson. Ethics Questions Why does Title VII permit retaliation claims? Did North American Stainless act ethically by firing Thompson?  

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