• Five Years, Three Cases, Record Number of Retaliation Charges
  • July 7, 2011 | Author: Heidi N. Hartman
  • Law Firm: Eastman & Smith Ltd. - Toledo Office
  • The Supreme Court’s January 2011 decision in Thompson v. N. American Stainless is one of a series of decisions issued by the Court in recent years which have changed the game with regard to Title VII retaliation claims. In three cases decided since 2006, the Supreme Court has dramatically expanded the definition of an adverse employment action and has created causes of action for individuals who do not even make their own complaints or charges of discrimination. As a result of these cases, employers considering disciplining or discharging an employee must give careful consideration and analysis to the impact of such decisions in order to avoid claims of retaliation.