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You are here: Home / Blog / Can my employer fire me if my sister/mother/wife/husband/brother/cousin filed a discrimination claim against the company?

Can my employer fire me if my sister/mother/wife/husband/brother/cousin filed a discrimination claim against the company?

June 3, 2017 By David Sacks

Does it violate the law for an employer to take adverse action against a third person who associated with an employee that files a Charge of Discrimination or otherwise seeks the protection of the law? AND, how close must the association be between the employee and the third person?

Employer reprisals against a third party can constitute actionable retaliation under the law where a reasonable worker could be dissuaded from engaging in protected activity because a third party might be treated adversely. Where the third party is adversely treated, s/he may maintain a retaliation claim against the employer if s/he is an “aggrieved person” that “falls within the ‘zone of interests’ sought to be protected by the statutory provision whose violation forms the legal basis for his complaint.”

The Supreme Court refused to adopt a categorical rule regarding how close a relationship must be between the employee engaging in protected activities and the third party who is the target of reprisal. The Court noted it adopted a broad standard for retaliation claims and that standard requires examination of the context of all relevant facts and circumstances including the nature of the relationship between an employee and a third party. As such, the Court declined to identify a fixed class of relationships for which third-party reprisals are unlawful.

The third party, in order to sue the employer for unlawful must also fall within the ‘zone of interests’ sought to be protected. The “zone of interests” test will not be met “if the plaintiff’s interests are so marginally related to or inconsistent with the purposes implicit in the statute that it cannot reasonably be assumed that Congress intended to permit the suit.”

Allowing suit by plaintiffs with an interest “arguably [sought] to be protected by the statutes,” is justified whereas plaintiffs who might technically be injured in an Article III sense but whose interests are “unrelated to the statutory prohibitions” in Title VII are prohibited from maintaining suit.

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David Sacks was my lawyer in a custody case many years ago. He treated me with respect and kindness. My children are grown now and I thank him every day for the effort and work he put into my case. He is a very trust worthy person and he has always had my respect throughout the years. ~ Cynthia
I am in final of the case, not allowed to explain details but David B. Sacks is an excellent Attorney, I am very satisfied with his services and professionalism! I highly recommend him. ~ Discrimination Client
I was able to obtain the best legal representation there was available when Mr. Sacks took over my employment case. Due to the nature of the case I had almost lost all hope. Fortunately Mr. Sacks took my case and with a realistic approach obtained all the information necesary to back up my legal petition. He and his office employees know what they are doing and deliver the best outcome possible. They are the best! - Employment Client
Last fall I found myself in a sad predicament; I had to replace my attorney who had originally handled my EEO case. I called/emailed/requested help through attorney personal websites, and the Florida Bar for a replacement within my short deadline. Over sixty attorneys either failed to respond or turned me down. I was than referred to Attorney David Sacks in Jacksonville and four months later this EEO matter was mediated and settled. If you are looking for an attorney who will tell you exactly what you should/should not expect, one that is open and honest, one that keeps you informed so that you always know where you stand, I whole heartedly recommend Mr. Sacks. I hope I never need another attorney, but if I do, I will be calling Mr. David Sacks. ~ Nancy Kineer-Luckey
David B. Sacks, PA - Jacksonville Attorney

About David B. Sacks, PA

Experienced Employment Lawyer in Jacksonville, Florida At the Law Office of David B. Sacks, PA, we provide people with straightforward legal advice and skilled representation in a variety of practice areas. Unlike other firms, we don't tell you what you want to hear, we tell you what you need to hear. Whatever your legal needs are, you can count on us to steer you toward success. Mr. Sacks was born in New York City, New York. He graduated with honors and obtained his Bachelor's degree in 1988 from North Texas State University. He received his Juris Doctorate in 1991 from University of the Pacific, McGeorge School of Law with Honors and Order of the Coif. He was admitted to both the Florida and California Bars in 1992. In 1994, he was admitted to practice in the U. S. District Court, Middle District of Florida. In 1995, … Read More »

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