Supreme Court Issues Decision Protecting Employees From Retaliation

The Supreme Court issued a decision today in the case of Thompson v. North American Stainless, LP. The Court held that an employee who was fired after his fiancé filed a sex discrimination charge with the EEOC could bring a claim under Title VII, the section of the Civil Rights Act that protects against workplace discrimination. It also prohibits employers from taking action that might dissuade a reasonable worker from complaining about workplace discrimination. The employer in the case argued that only the employee who brought the discrimination complaint could sue – not her fiancé.

In an opinion written by Justice Scalia, the Court rejected this argument and noted, “We think it obvious that a reasonable worker might be dissuaded from engaging in protected activity if she knew that her fiancé would be fired.” In other words, the purpose of Title VII would be undermined if an employer could simply fire a third party to punish an employee who speaks up about illegal discrimination.

The Court also had to address whether a third party like the plaintiff in this case had standing to challenge the employer’s action. The Court determined that an employee constitutes a “person aggrieved” and is eligible to bring a Title VII challenge when that person “falls within the ‘zone of interests’ sought to be protected by the statutory provision.” Because Title VII was meant to protect employees from their employers’ unlawful actions, Thompson was protected by the statute. The Court declined to say how far this zone of protection extends, but did not have difficulty extending it to the fiancé of the person who filed a discrimination complaint.

Justice Kagan took no part in the Court’s decision, presumably because she participated in drafting the Solicitor General’s certiorari stage brief, which was filed in May 2010, just after she stepped down as Solicitor General.

AFJ has more analysis of this and other cases before the Supreme Court on our website, “The Corporate Court’s 2010-11 Docket.”

Going Green AND Blue on St. Patty’s Day

By Guest bloggers, Margrete Strand Rangnes and Karin Lee with Sierra Club's Responsible Trade Program

Most people don’t know it, but back in the day, St. Patrick’s signature color actually used to be blue. This St. Patty’s Day, when you wear your green, don’t forget to think about our nation’s workers, and the wearing o’ the blue too!

The buzz these days seems all to be about the green: green jobs, green buildings, green cars (green beers, anyone?).

Amidst the difficult economic times, the greening of our economy provides us with a tremendous opportunity to rebuild our nation around green jobs that will address not only the climate crisis and unemployment, but also deeply rooted social problems of poverty and inequality.

One way to ensure that these green jobs will also be good family-supporting jobs is to allow workers a democratic chance to form unions. That’s why the Sierra Club supports the Employee Free Choice Act.

In recent years, flawed trade deals like the North American Free Trade Agreement (NAFTA) and the World Trade Organization (WTO) have enabled companies to relocate to countries with weak or non-existent protections for workers and the environment, and have led to the hemorrhage of more than 1.5 million jobs. With a global recession and U.S. unemployment at over 8%, now is not the time to weaken the focus on creating a strong middle-class in America. On the contrary, given the current economic crisis, it is more important than ever to focus on farsighted policies that will staunch this outward flow and strengthen the American workforce. Investing in the green energy economy can maintain and create millions of jobs, right here at home. The challenge is to make sure that these are good jobs, with decent wages and benefits.

The Employee Free Choice Act would level the playing field and give workers a fair and direct path to form unions without the fear of being fired, help employees secure a contract with their employer in a reasonable period of time, and toughen penalties against corporations who violate their workers’ rights.

Workers serve as our front line of defense against hazardous pollution, chemical spills and other accidents that can devastate communities. Union workers are better trained to know about important health and safety risks and have greater protections if they blow the whistle on hazards and accidents in the workplace.

However, the current labor law system makes it difficult for workers to form unions. Employees who try to form unions are routinely harassed, and often even fired. Among private sector employers whose workers try to form unions, 25% have illegally fired at least one worker for union activity.

The emerging green economy holds great promise to build the American middle-class. One way to ensure that it benefits the many rather than the few is by passing the Employee Free Choice Act.

Turn Up the Heat!

Today at the park near the U.S. Senate, a coworker and I joined thousands of people for a rally in support of the Employee Free Choice Act. This legislation would restore workers’ freedom to bargain for a better life, and make our economy work for everyone. The rally was a kick off for the delivery of petitions signed by over 1 million people asking Congress to pass this new law. Workers from dozens of national and local unions from the Teamsters to SEIU and the AFL-CIO to the United Steel Workers were there, along with progressive organizations like Alliance for Justice, the Sierra Club and other members of the Blue-Green Alliance.

Senator Tom Harkin (D–IA) (wearing the red scarf in the photo) fired up the crowd and urged us all to turn up the heat to pass the bill in Congress. President Obama has promised to sign this critical legislation.

Though the day was cold, the fire in our hearts burned bright. Getting off to a great start with the Lilly Ledbetter Fair Pay Act victory, it is clear that the Obama administration and this new Congress are ready to stand up for the rights of working families. It’s time to turn up the heat and win laws that encourage equality and fairness in the workplace.

Kathy Plate, Online Organizer, Alliance for Justice