In January 2010, the Supreme Court finally had the opportunity to express its view regarding the viability and scope of the third-party retaliation doctrine. In Thompson v. North American Stainless, LP, the Court contradicted the federal appellate courts and unanimously held that Title VII prohibits employers from engaging in third-party retaliation. This article analyzes the consequences of this decision.
Jessica K. Fink, The Supreme Court’s Open-Ended Protection Against Third-Party Retaliation Doctrine, 2011 Hastings L.j. Voir Dire 7 (2011), https://www.hastingslawjournal.org/wp-content/uploads/Fink-Voir-Dire.pdf.