Although the federal appeals courts were in agreement that a close relationship with someone who has engaged in protected activity under Title VII is not sufficient to permit a person who has not engaged in such activity to pursue a retaliation claim, that issue may now be less than clear. On June 29, 2010, the U.S. Supreme Court granted review of the Sixth Circuit's decision in Thompson v. North American Stainless, LP, in which the Sixth Circuit held that a third party cannot pursue a retaliation claim under Title VII where he has not personally engaged in a protected activity.
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