U.S. Supreme Court Decision and NLRB Settlement Expand Employer Exposure to Liability for Interference with Protected Activity

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"Unlawful Retaliation" Can Include Retaliation Against an Employee That Did Not Engage in Protected Activity, But is Closely Related to an Employee Who Did Engage in Protected Activity

The United States Supreme Court in Thompson v. North American Stainless, L.P., held that an employee may seek relief directly under Title VII if he/she suffers an adverse employment action because of a close relationship with someone who has engaged in protected activity. This is true even where the employee has not engaged in protected activity.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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