The Supreme Court granted cert today in Thompson v. North American Stainless, LP, a case that the Sixth Circuit decided en banc last June. As this post on Workplace Prof Blog explains, the case presents the question whether Title VII creates a cause of action for an employer’s retaliation against a person closely associated with an employee who has engaged in protected activity. The en banc Sixth Circuit, divided 10-6, held that it does not. Although that conclusion is uniform among the circuits to have considered the question (according to the Brief of the United States (PDF) recommending denial of cert), the petitioner was able to persuade the Supreme Court that review is warranted.
In other Supreme Court news, Justice Clarence Thomas has been named Circuit Justice for the Sixth Circuit, replacing the newly retired Justice John Paul Stevens. May Justice Thomas be as good a friend to the Circuit as Justice Stevens!
Both orders referenced above are set forth in today’s Order List (PDF).