Two 2011 U.S. Supreme Court Rulings Expand Employer Liability For Employment Discrimination


The employer's best defenses are always careful investigations, with accurate and detailed evaluations and write-ups. A focused follow-up after listening to the employee's specific complaint is suggested.

Third-Party Discrimination Complaints Get New Life

Complaint causes fiancé's discharge

Lawsuits involving office romances are rarely a good thing for employers. In January of this year, the U.S. Supreme Court [1] decided that firing an employee who was the fiancé of a female employee who filed a discrimination claim was a form of illegal retaliation. Eric Thompson and his fiancée, Miriam Regalado, were both employed at a Kentucky plant. Three weeks after Regalado filed a discrimination claim, her fiancé was fired. Not unnaturally, the Court reasoned that employees would be hesitant to file a discrimination claim if they knew their fiancé or family member would be fired as a result.

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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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