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You are here: Home / Blog / Retaliation as a Cause of Action (or claim for you non-lawyers) in the context of being related to the one engaging in the protected activity

Retaliation as a Cause of Action (or claim for you non-lawyers) in the context of being related to the one engaging in the protected activity

March 9, 2017 By David Sacks

Defendant’s argument that Plaintiff’s claims should be dismissed because she did not engage in a protected activity is directly contradicted by the Supreme Court’s recent holding in Thompson v. North American Stainless, LP, 200 U.S. 321 (2011).  The Supreme Court held that an individual can state a cause of action for retaliation, even if they did not engage in a protected activity, if they fall within the zone of interest of someone else’s complaint. Id. In Thompson, it was the employee’s fiancé who was protected from retaliation based on her complaints of discrimination. The Supreme Court relied on its holding in Burlington, “which prohibits any…action that “ ‘well might have “dissuaded a reasonable [worker] from making or supporting a [discrimination] charge,” ’” id., at 68.” The Supreme Court went on to hold that “a reasonable worker obviously might be dissuaded from engaging in protected activity if she knew that her fiancé would be fired. Pp. 2–4.” Id.

And if the Supreme Court held that a reasonable worker might be dissuaded from engaging in a protected activity if she knew her fiancé would be fired, then a reasonable parent might be dissuaded from engaging in a protected activity if he knew his children were going to be expelled. A school board cannot fire a parent for making a Title IX complaint unless the parent works at the school or has some other connection with the school, but a school board can retaliate by threatening to or actually expelling the child from school.  Like the fiancé in Thompson, a child is not an accidental victim of retaliation.  A father engaged in the protected activity of complaining about Title IX discrimination and retaliation and Defendant expelled or attempted to expel the child from school because of her father’s complaints two and a half months earlier.

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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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