Eric L. THOMPSON, Plaintiff-Appellant,
v.
NORTH AMERICAN STAINLESS, LP, Defendant-Appellee.
United States Court of Appeals, Sixth Circuit.https://leagle.com/images/logo.png
Argued December 10, 2008.
Decided and Filed June 5, 2009.
Attorney(s) appearing for the Case
ARGUED: David O'Brien Suetholz, Segal, Lindsay & Janes, Louisville, Kentucky, for Appellant. Leigh Gross Latherow, VanAntwerp, Monge, Jones, Edwards & McCann, LLP, Ashland, Kentucky, for Appellee. Gail S. Coleman, U.S. Equal Employment Opportunity Commission, Washington, D.C., for Amici Curiae. ON BRIEF: David O'Brien Suetholz, Joseph Delano Wibbels, Jr., Segal, Lindsay & Janes, Louisville, Kentucky, for Appellant. Leigh Gross Latherow, Gregory L. Monge, VanAntwerp, Monge, Jones, Edwards & McCann, LLP, Ashland, Kentucky, for Appellee. Gail S. Coleman, U.S. Equal Employment Opportunity Commission, Washington, D.C., Rae T. Vann, Norris, Tysse, Lampley & Lakis, LLP, Washington, D.C., Nelson D. Cary, Alexandra T. Schimmer, Vorys, Sater, Seymour & Pease LLP, Columbus, Ohio, for Amici Curiae.
GRIFFIN, J., delivered the opinion of the court, in which BOGGS, C.J., BATCHELDER, GILMAN, GIBBONS, SUTTON, COOK, McKEAGUE, and KETHLEDGE, JJ., joined. ROGERS, J. (pp. 816-18), delivered a separate opinion concurring in the result. MARTIN, J. (pp. 818-20), delivered a separate dissenting opinion, in which DAUGHTREY, MOORE, COLE, CLAY, and WHITE, JJ., joined, with MOORE, J. (pp. 820-26), joined by MARTIN, DAUGHTREY, COLE, CLAY, and WHITE, JJ., and WHITE, J. (pp. 826-30), joined by Judge DAUGHTREY, also delivering separate dissenting opinions.
United States Court of Appeals, Sixth Circuit.
OPINION
GRIFFIN, Circuit Judge.
The sole issue raised in this rehearing en banc is whether § 704(a) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a), creates a cause of action for third-party retaliation for persons who have not personally engaged in protected activity. After applying the plain and unambiguous statutory text, we join the Third, Fifth, and Eighth Circuit Courts of Appeal in holding that the authorized class of...
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