You filed a complaint because you believed something unlawful was happening at work. Then, instead of targeting you directly, your employer took action against your spouse, fiancé, or another person close to you. Suddenly, a situation that started as a workplace concern is affecting your family and your future. Third party retaliation can leave employees wondering whether an employer has found a way around anti-retaliation laws. In some cases, the law recognizes these actions as unlawful retaliation.

When Can You Sue for Third Party Retaliation?

A third party retaliation claim starts with the same basic elements as any other retaliation case. To have a claim, there needs to be events that satisfy a retaliation claim. Then, there needs to be the additional elements of the qualifying third party. An employee must first have participated in a protected activity. This would include conduct like filing a discrimination complaint, reporting workplace harassment, or participating in a government agency investigation.

The retaliation also needs to be an adverse action that causes harm, such as termination, demotion, or pay reduction. Finally, all of these elements need to have a strong enough connection. Being able to sue for third party retaliation relies on being able to show the strong connections between all of the elements and parties.

What Is Third Party Retaliation?

Employees have legally protected rights that enable them to take certain actions without fear of retaliation from their employer. If an employer takes adverse action against the employee in response to the employee engaging in a protected action, it can result in a retaliation claim. To get around this, some employers have taken adverse action against a different employee than the one who took action. When the two employees are closely related or associated, it could be enough to warrant a third party retaliation claim.

Sometimes it is easier to see legal protections in action. One employee files a sexual harassment complaint against a company manager. In response, the company made false accusations that led to the termination of the employee’s husband. Two siblings could work for the same company. One participates in an EEOC investigation. The company responds by demoting the other sibling.

Supreme Court Case That Recognized Third Party Retaliation Claims

One of the most important cases involving third party retaliation claims is Thompson v. North American Stainless. In that case, an employee filed a sex discrimination charge with the Equal Employment Opportunity Commission (EEOC). Her fiancé worked for the same company, and their relationship was well known within the workplace.

Several weeks after the EEOC charge was filed, the employer terminated the fiancé. He alleged that the company fired him in an effort to punish his fiancée for engaging in protected activity. The U.S. Supreme Court ultimately agreed that Title VII's anti-retaliation provisions could apply in these circumstances. The Court recognized that retaliating against a close family member or fiancé could discourage employees from exercising their workplace rights just as effectively as retaliating against the employee directly.

Why the Decision Matters in Ohio

For Ohio workers, this case remains especially important because it established that retaliation does not always have to be directed at the employee who engaged in protected activity. Since the decision came from the U.S. Supreme Court, Ohio federal courts are required to follow it. Ohio courts generally consider the closeness of the relationship and whether the employer's actions would discourage a reasonable employee from exercising protected workplace rights.

Who Can Bring a Third Party Retaliation Claim?

Not everyone can bring a third party retaliation claim. The closer the relationship between the two employees, the more likely the claim will be able to proceed. Spouses, fiancés, and immediate family members are the strongest relationships with the greatest likelihood of protection.

Courts often examine whether the employer's action would reasonably discourage a worker from exercising their workplace rights. The nature of the employee’s relationship is often used during this analysis.

Challenges in Proving a Third Party Retaliation Claim

Proving a third party retaliation claim is often the most difficult part of the case. Unfortunately, gathering evidence in a third-party retaliation case can be difficult. Employers are often resistant to admitting retaliatory motives and actions. This can make it challenging to obtain full records for internal communications, disciplinary records, and prior work performance reviews. Current employees may hesitate to provide supportive witness testimony for fear of negative consequences from the employer.

Even with supporting evidence, employers often present their own version of events as a defense. Explanations for a change in treatment can include employee performance issues, internal company restructuring, unreliable attendance, or economic layoffs. Speaking with an employment attorney can help employees determine if they have a viable third party retaliation claim.

Speak With an Ohio Employment Lawyer

Determining whether you have a viable third party retaliation claim often requires a careful review of the facts, the relationship between the individuals involved, and the employer's stated reasons for its actions. The retaliation attorneys at Lalak LLC have extensive experience representing Ohio employees in retaliation and workplace rights cases.

​If you believe you or someone close to you was targeted because of protected workplace activity, schedule a call today to discuss your situation and learn about your legal options.