Legal Updates

The U.S. Supreme Court has agreed to review a case where an employee claimed he was illegally fired because his fiancée filed an EEOC charge. The case, titled Thompson v. North American Stainless LP, follows on the heels of another retaliation case decided by the Court. Regardless of the outcome of this case, employers should keep the facts of this case in mind when responding to discrimination claims.

Fiancée Terminated
Eric Thompson and Miriam Regalado both worked at a stainless steel manufacturing plant in Kentucky owned by North American Stainless. They began dating while employed at the plant and became engaged to be married.

In September 2002, Ms. Regalado filed a charge with the Equal Employment Opportunity Commission (EEOC) alleging that her supervisors had discriminated against her based on her sex. Three weeks after the company received notice of the charge, it terminated Mr. Thompson. The company contended that Mr. Thompson was terminated for performance-based reasons

Disbelieving the company’s explanation, Mr. Thompson filed his own charge with the EEOC, alleging that he was terminated in retaliation for his fiancée’s EEOC charge. He then filed a lawsuit against the company, alleging retaliation in violation of Title VII.

Title VII Anti-Retaliation Provisions
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e provides:
“It shall be an unlawful employment practice for an employer to discriminate against any of his employees because he has opposed any practice made an unlawful employment practice by this subchapter, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter.”

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This article is intended as a brief overview of the law and are not intended to substitute as legal advice. Any questions or concerns regarding any statute or case law should be addressed to a licensed attorney.

This column is intended to provide general information and does not constitute legal advice for any specific factual situation.

AUGUST LUNCHEON
Eldercare and the Workplace - A Panel Discussion

It is estimated by the Administration on Aging that one in five or 20% of households informally provides eldercare for an aging family member, friend, or neighbor. The elder population over 65 is expected to double from 2000 to 2025. It is likely that a high percentage of employees will be involved with eldercare in the upcoming years.

During the lunch, a panel will discuss:

• Legal parameters around elder care leave (employer’s perspective)
• Employee Education
• Resources and support provided by the Caregiver Coalition, including types of care
• Planning. Advance directives, financing and the caregiver toolbox

CLICK HERE to learn more about the panel.

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U.S. Supreme Court To Decide Whether Title VII Protects Employee's Fiancée

By Christopher W. Olmsted, NCPA Legislative Chair

The U.S. Supreme Court has agreed to review a case where an employee claimed he was illegally fired because his fiancée filed an EEOC charge. The case, titled Thompson v. North American Stainless LP, follows on the heels of another retaliation case decided by the Court. Regardless of the outcome of this case, employers should keep the facts of this case in mind when responding to discrimination claims. Read More