The EEOC notified North American Stainless (NAS) in February 2003 that Miriam Regalado had filed a charge of sex discrimination against the company. Three weeks later NAS fired her coworker Eric Thompson, a person to whom Ms. Regalado was engaged. Thompson had worked for NAS for seven years as a metallurgical engineer. Thompson filed his own charge with the EEOC and a subsequent lawsuit under Title VII of the Civil Rights Act, claiming that NAS fired him to retaliate against Regalado for filing her charge with the EEOC. The employer contended that because Thompson did not "engag[e] in any statutorily protected activity, either on his own behalf or on behalf of Miriam Regalado," he is not included in the class of persons for whom Congress created a retaliation cause of action. Thompson argued that the Supreme Court adopted a broad standard in its Burlington decision because Title VII's antiretaliation provision is worded broadly and that there is no textual basis for making an exception to it for third-party reprisals. Decide.

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