Another case decided by the 6th Circuit against an employee (See, e.g., Crawford, Pollard, Harris) has been accepted by the Supreme Court Of The United States.

On June 29, 2010, the SCOTUS granted Eric Thompson’s petition for a writ of cetriorari in his case against North American Stainless, L.P. Click here.

The issue before the Court is whether a third party is afforded protection under Title VII’s anti-retaliation provision based on his association with an employee who has engaged in protected activity.

An en banc 6th Circuit had held last summer that a third party such as Mr. Thompson was not afforded protection from retaliation based on his association with an employee (his fiancee’) who engaged in protected activity.09a0202p-06

I blogged about this unfortunate decision in June 2009. Click here.

Interestingly, the Court agreed to hear the Thompson case even though the U.S., through the Solictor General’s office, argued to the court that the case was not cert-worthy. 09-291_cvsg The U.S. did, however, argue that the 6th Circuit’s decision was in error.

The case will likely be argued before the SCOTUS in the fall of 2010 or early 2011. A decision is expected by spring of 2011.