Danger zone – Retaliation case looks to Supreme Court precedent

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Abstract: In 2011, the Supreme Court allowed an employee to bring a retaliation claim under Title VII when he was fired after his fiancée, a co-worker, filed a discrimination charge against their mutual employer. But what about a case in which: 1) a husband and wife work for the same employer, 2) the wife is involved in a discrimination case against the employer, 3) the husband moves to a new employer but is soon terminated, and 4) he alleges that the termination was facilitated by employees who had also made the move and were retaliating against the husband for the wife’s actions? This article discusses just who falls within the “zone of interests” protected by Title VII. Byron Underwood v. Department of Financial Services State of Florida, No. 12-14711, April 25, 2013 (11th Cir.) Thompson v. North American Stainless, LP, No. 09-291, Jan. 24, 2011 (Supreme Court)