Thompson v. North American Stainless, LP
562 U.S. 170
SCOTUS2011Background
- Thompson and Regalado were NAS employees until Regalado filed an EEOC sex-discrimination charge in Feb. 2003; three weeks later NAS fired Thompson.
- Thompson filed an EEOC charge alleging NAS retaliated against Regalado for her charge.
- District Court granted NAS summary judgment, holding Title VII does not permit third-party retaliation claims.
- Sixth Circuit, en banc, affirmed, rejecting Thompson’s standing to sue as a third-party retaliatory plaintiff.
- This Court granted certiorari to decide (1) whether NAS’s firing of Thompson constituted unlawful retaliation and (2) whether Thompson may sue.
- The Court reverses the Sixth Circuit and remands for further proceedings consistent with its opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NAS’s firing of Thompson violated Title VII as third-party retaliation. | Thompson argues Burlington applies to third-party retaliation. | NAS argues Burlington does not recognize third-party retaliation or allows only direct targets. | Yes; firing Thompson would violate Title VII under Burlington’s broad standard. |
| Whether Thompson has standing to sue under Title VII. | Thompson falls within the zone of interests protected by Title VII. | Standing limited to the directly aggrieved employee or article III issues. | Thompson has standing to sue; aggrievement is construed to include those within the statute’s zone of interests. |
Key Cases Cited
- Burlington Northern & Santa Fe Railway Co. v. White, 548 U.S. 53 (U.S. 2006) (antiretaliation broad_range interpretation; harm judged objectively)
- Trafficante v. Metropolitan Life Insurance Co., 409 U.S. 205 (U.S. 1972) (standing broadness in Title VII context; early dicta about aggrievement)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (zone of interests test for standing)
- Clarke v. Securities Industry Assn., 479 U.S. 388 (U.S. 1987) (zone of interests; narrow interpretation of standing to statutory purposes)
- National Credit Union Admin. v. First Nat. Bank & Trust Co., 522 U.S. 479 (U.S. 1998) (expands zone of interests; permissive standing test)