Retaliation Against Friends and Relatives

If an employee files a discrimination charge with the Equal Employment Opportunity Commission and you fire her shortly thereafter, you run the risk of also being accused of retaliation.  What if you fire the exployee’s fiancee?  Can he accuse you of retaliation and file his own charge with the EEOC?

According to the Sixth Circuit Court of Appeals in Thompson v. North American Stainless, the answer is yes.  (Check out the Tennessee Employment Law Letter for a summary of this case.)   Relying on the EEOC’s Compliance Manual, the court ruled that if this weren’t the law, then an employer could retaliate against a close friend or relative of the complaining employee and, thus, discourage the employee from pursuing his/her complaint.

This case may not open Pandora’s box, but it can obviously present an employer with a dilemma here and there.  It’s not hard to figure it out if you’re talking about the complaining employee’s fiancee, spouse, child, or parent.  What about the employee’s cousin?  Aunt?  Uncle?  “Best” friend?  Bowling league buddy?  It gets a bit murky.  That’s why it’s important to consult legal counsel before you fire an employee shortly after his/her relative or friend has filed a charge with the EEOC.  It’s best to try to avoid yet another charge being filed against you.