>> Business Law and Ethics
Eric Thompson and his fiancée, Miriam Regalado, worked for North American Stainless in Carroll County, KY. Miriam Regalado filed sexual discrimination charges with the EEOC against North American Stainless. About 3 weeks after the charge was filed, North American Stainless fired Eric Thompson. Thompson believed he was fired in retaliation for the charges filed by his fiancé, so he filed a charge of his own against North American Stainless saying that they violation section 704(a) of Title VII of the Civil Rights Act. Title VII states that "[i]t shall be an unlawful practice for an employee to discriminate against any of his employees...because he has made a charge". The complaint was dismissed by the US District Court of Kentucky because Title VII "does not permit third party retaliation claims". A rehearing was issued by the court of appeals but the court held to the dismissal of the complaint.
Is an employer in violation of the anti-retaliation provision of the Civil Rights Act by firing the fiancé of someone who filed a discrimination complaint?
Elements of Title VII used by the court to make their decision:
1) Employers are not permitted to retaliate against employees who file claims
2) Third party persons are not permitted to file claims
3) Person submitting claim must engage in statutorily protected activity