Beware: The fallout of a 2011 landmark Supreme Court ruling is starting to hit home with HR pros.
You remember the decision in Thompson v. North American Stainless, in which the high court ruled federal discrimination law extended retaliation protection to third parties — employees who are affiliated with a person who’s made a workplace complaint, but who haven’t filed a complaint themselves.
Prior to that decision, before meting out any kind of discipline — especially a termination — conscientious HR professionals always reviewed a checklist to see if there was any reason to be extra-careful to avoid possible retaliation or wrongful dismissal lawsuits.
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