Title VII of the federal Civil Rights Act of 1964 prohibits employers from
discriminating against employees based on race, color, religion, sex or
national origin. Title VII also prohibits discrimination against employees
who have opposed any practice that is an unlawful employment practice under
Title VII, or who have made a charge, testified, assisted or participated
in any manner in an investigation, proceeding or hearing involving an
alleged violation of Title VII. Employers typically know that they may not
take adverse action based on their employees’ protected
characteristics, and that it is impermissible to retaliate against
employees based on their own protected activity. Two recent cases,
however, demonstrate that Title VII also may provide an employee with the
right to allege discrimination or retaliation based, not only on his or
her own protected characteristics or activity, but on the employee’s
association with another individual who comes within a protected
classification or who has engaged in protected activity.