Son May Bring 3rd Party Retaliation Claim
Just a few months ago the Supreme Court ruled that certain people who are in “close relation” to a protected party may bring claims for retaliation if they suffer negative work consequences. A protected party is someone who is protected from employment discrimination by Title VII based on their race, color, sex, national origin and religion. Parties are also protected from disability discrimination and age discrimination.
Although the Supreme Court didn’t define exactly the people included in the “fixed class of relationships” who may be able to bring a claim for retaliation, or what actions are protected, the opinion stated, “firing a close family member will almost always” enjoy such protection.
In one of the first cases looking at this rule, the 5th Circuit Court of Appeals - which includes Louisiana, Mississippi and Texas - determined that a son may be able to maintain a claim for retaliation after he was transferred to a less desirable position. The transfer occurred shortly after his father filed a complaint for race discrimination against their mutual employer.
The case was originally dismissed because the son did not personally engage in the protected activity, but with the recent Supreme Court decision, the son now may have a claim for retaliation.
If you believe you have been subject to negative employment actions because of the protected activities of a spouse, family member or close relation – contact an experienced Atlanta employment lawyer. With years of experience, the lawyers at the Georgia worker’s rights law firm Buckley & Klein, LLP can evaluate your situation and provide valuable insight into your next steps and whether you may be able to bring a lawsuit.
