Case Study: Thompson V. North American Stainless

Law360, New York (January 28, 2011, 12:44 PM EST) -- Before the U.S. Supreme Court’s ruling in Thompson v. North American Stainless LP, if a fired employee claimed that he or she was fired in retaliation due to another co-worker’s charge of discrimination, that claim would be summarily dismissed out of hand by a federal court. The company could sleep easy knowing that such a claim would not go beyond the dismissal stage.

After Thompson, however, companies now must contend with a different breed of retaliation claim — one brought by an employee who claims that...
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