In a case that was just handed down on Jan 24 by the US Supreme Court, Thompson v. North American Stainless, the Supes held that the fiancé/husband of an employee who filed a gender discrimination lawsuit against an employer, who happened to work at the same place of employment but takes no action to support the wife’s claims, can file a Title 7 claim for retaliatory firing after being terminated by the same employer.
Many of us have been in situations in a work environment where we know of someone who is thinking about filing a discrimination lawsuit against the employer, and we are afraid to get involved (or be seen as sympathetic/close to the aggrieved employee) because, well, we don’t want to get involved and possibly fired. People tend to think that if they keep their mouth shut, they’re safe, but in this case, the husband got canned anyways. In the end, however, the court vindicated the husband’s rights.
Many of us have been in situations in a work environment where we know of someone who is thinking about filing a discrimination lawsuit against the employer, and we are afraid to get involved (or be seen as sympathetic/close to the aggrieved employee) because, well, we don’t want to get involved and possibly fired. People tend to think that if they keep their mouth shut, they’re safe, but in this case, the husband got canned anyways. In the end, however, the court vindicated the husband’s rights.
The moral of this story is that it is better to engage in protected activity - Section 704(a) of Title VII prohibits an employer from retaliating against an employee because he or she "has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this subchapter." So, when in doubt, stick up for your fellow employee, and know that if you were to testify, assist, or participate in the investigation, you've got the mighty hand of the Law looking out for you. And even if you chicken out, just make sure you are married or engaged to the aggrieved employee.
