INTERACTIONS WITH “RELATED” EMPLOYEES.

Employers who employ more than one family member or someone with a close relationship to another co-worker must now exercise caution in its workplace relationships with such employees.

This is because in a decision styled Thompson v. North American Stainless L.P., the United States Supreme Court announced on January 24, 2011, an expansion of the “anti-retaliation” component of Title VII of the 1964 Civil Rights Act. This decision imposes new limits on employers’ right to take disciplinary actions against third-party employees who are “related” to co-workers who complain about discriminatory practices in the workplace.

The impact of this decision (as explained below) will be that when one employee makes a charge of discrimination under Title VII against the employer, employers will need to avoid any conduct against an individual who is “related” to that complaining co-worker that could violate Title VII’s anti-retaliation provision.