Sixth Circuit: Title VII Protects Family and Friends of Employees who File EEOC Charge.

[Editors' Note: This decision was reversed by the Sixth Circuit en banc on June 5, 2009.]

On March 31, 2008, the a divided Sixth Circuit recognized associational claims for retaliation after an employer fired the fiancé of an employee about three weeks after it received notice of her EEOC Charge. Thompson v. North Am. Stainless LP, No. 07-5040 (6th Cir. 3/31/08).

“According to the complaint, Regalado filed a charge with the EEOC in September 2002, alleging that her supervisors discriminated against her based on her gender. On February 13, 2003, the EEOC notified [the employer] of Regalado’s charge. Slightly more than three weeks later, on March 7, 2003, the [employer] terminated [the] employment of” Thompson, Regaldo’s fiancé. “Thompson alleges that he was terminated in retaliation for his then-fiancée’s EEOC charge, while [the employer] contends that performance-based reasons supported the plaintiff’s termination.” The employer successfully argued to the trial court on summary judgment that it was not a violation of Title VII to terminate Thompson on account of Regalado’s EEOC Charge.

The Sixth Circuit found the public policy of Title VII supported recognizing a cause of action under these circumstances. ““The anti-retaliation provision seeks to secure [a non-discriminatory workplace] by preventing an employer from interfering (through retaliation) with an employee's efforts to secure or advance enforcement of the Act's basic guarantees.” Clearly, Regalado would have been deterred from filing her EEOC Charge if she had known that it could result in the termination of her fiancé.

The dissent argued that the Court should leave it to Congress to amend Title VII to include within the scope of the anti-retaliation provisions individuals other than the employee who filed the EEOC Charge.

Insomniacs can read the full decision at http://www.ca6.uscourts.gov/opinions.pdf/08a0129p-06.pdf.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.