The Supreme Court’s Open-Ended Protection Against Third-Party Retaliation

Jessica K. Fink

Volume 63

In Thompson v. North American Stainless, LP, the Supreme Court contradicted the federal appellate courts and unanimously held that Title VII prohibits employers from engaging in third-party retaliation. This Essay contends that because the Court failed to establish any meaningful boundaries for the scope of third-party retaliation doctrine, the doctrine’s benefits may not outweigh its potential costs.

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