Following
a recent U.S. Supreme Court decision, employers face potential plaint of unlawful discrimination),
but also by employees who have a close relationship with whoever engages in
protected activity. The Court said the fiance of an employee who filed a
discrimination charge could bring her own distinct retaliation claim. Even
before this decision, retaliation was the leading category among all EEOC
charges filed. That trend now seems certain to continue.
The decision sounds like a warning for employers because, among
other things, it does not define precisely what relationship is necessary to
assert a retaliation claim. Thus, relatives or even friends of employees who
engage in protected activity could bring their own claims if they experience
actions such as demotion, discipline, or termination. Keep this in mind when
you contemplate taking any such actions.